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97-1156Council File # qR-1}�(� �� .� �..; r , i .. ? ,' � PAUL, MINNESOTA Green Sheet # 35896 7 Preserned b; Refened To 1 ►� 3 Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1997 Collecfive Bazgaining Agreement between the City of Saint Paui and the Saint Paul Fire Supervisory Association. Requested by Department of: Office of Labor Relations By: 1 ��L��'� - -� Form App oved by C' ttorney By: —�� `��I �� by Council Approved by Mayor: Date 1 Ji ti, (�'�' Approve by M or r Submi s n� cil By: m �( � /f� "' _� , By: �— Adopted by Council: Date (�¢�_1 \ ��"�_ � DEPARTMENTlOFFICElCOUNCIL: DATE INTTIATED GREEN SHEET No.:35896 q�—�`S6 LABOR RELATIONS Q9/08/97 COATACT PERSON & PHONE: WI7'lAUilATE W11'uunA7'E JiJLIE KRAUS 266-6513 �r �GN � DEpq}L1 DIR. � 4 CI'i'1 CAUNCIL NUMBER 2 CITY ATIORNEY � CITY CLERK MUST BE ON COUVCIL AGENDA BY (DATE) F�R BUDGE7 DIR FIN- & MG'I. SERVICE DIR. ROIJTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNATORE PAGES,i (CLIP ALL LOCATIONS FOR SIGNATURE) acnoN �QU�sren: This resolufion approves the attached 1997 Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Fire Supervisory Association. RECOMMENDATIONS: Approve (A) or Reject (A) PERSONAL SERVICE CONTRACCS MUST AIVSWER TE[E FOLLOWING QUESTIONS: PLANNING COMM(SSTON CIVIL SERVICE COMM[SSION 1. Has ihis persoNfirm ever worked under a contract for ihis depamnent? CID COMMITI'EE Yes No STAFP 2. Hu this person/firm ever been a city empSoyte? DISTRICT COURT Yes No S13PPORTS Wk�CH COIINCIL OBSECTIVE? 3. Does this pasoNfimt possess a skill not nom�ally possessed by any wrtent ciTy employee? Yes No Expiain all yes answers oo separate sAeet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORT[JNI7"1' (Who, What, When, WAere, Why): ' nnvnNracES tF nrrxovEU: An Agreement in place through December 31, 1997. DLSADVANTAGESIFAPPROVED: NOrie. � Le �� F: � y � �� .Y��a �" $�� ia�7 nrsnnvnr*rnsES iF NoT nrrxoven: No settlement reached. Parties would be subject to inteFe�st°arbitration to settle disputes on terms of agreement. TOTAL AMOUN'P OF TRANSACCION: COST/AEVENUE BUDGETED: FONDING SOURCE: ACI`IVST'Y NUMBER: FINANCIAL LNFORMATION: (EXPLA(N) R'1-1.�5 l� DURATION This contract will be effective January 1, 1997 through December 31, 1997. Below represents the changes for the 1997 Collecrive Bargaining Agreement between the City of Saint Paul and the Saint Paul Fire Supervisory Association (SPFSA}, 1. ►� WAGES Effective Ol/01197: 2.0% base wage increase Effective OS/01197: 0.5% base wage increase. Effective 12f31197: 0.2% base wage increase. AT'I`ACHMEN'I` TO GREEN SHEET 1997 Saint Paul Fire Supervisory Association 3. ACTIVE HEALTH INSURANCE Below are the City contribution levels to health insurance premiums for active employees. The City wiil return any unused benefit dollazs to the employee. Single Family � IJ 1197 $300.00 No increase $368.82 Represents 50°!0 of the increase MILEAGE Establishes a new artacle adjusting mileage by $.OS/mile to $.20 per mile and parking by $1.00 per day to $4.00 per day over the rate established by resolution. This brings the SPFSA in line with other bargaining units. F:�I.ABREL\CONTRACTIFIRESUPW 997WTTACH97 ,� ,;, �. �- �'T ��5 �. _ ��:�= _ - -, . =_ � r = _. ' � = - � - - .� - ,_,. , ,. '- � ,.� -. ` 1997 A:GREEME�VT - , . .. �_ �_ , . , _. � v .,,� . - � � - . �� v.,- _ - . -.,_. �_ - h � � __ �� tietween' - ° . , _ , _ �. . YE `; � - ;'�HE GI�I' OF �z�Ii�TT EAIJi, x ' , , J < : . > p- _ � � ! qz -'dllf� , � ,� , $ S 1 ;. ,, ;, �. bY ,��<: � �- ,5; X � . , �. .. n F . 4 y � _ . i. _ � � � F. � 5 .� ; �. .. .-_ i . � _ . .. -.� . Y-. Y 9?-115� � �` � .� ARTICLE TITLE PAGE 1 Furpose ..............................................i 2 Definirions ............................................i 3 Recognition ...........................................2 4 Security ..............................................3 5 Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Savings Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Uniform Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Legal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Seniority .............................................7 11 Ca1lBack .............................................7 12 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Vacation .............................................il 14 Holidays .............................................i2 15 Sick Leave and Parental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 • 16 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 Wages ..............................................15 18 Residence ............................................i6 19 Incapacitation . .................................... .... 16 20 Drug and Alcohol Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 21 Overtime ............................................20 22 DiscSpline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 23 Position Openings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 24 City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 25 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 AppendixA ..................................... A1 AppendiYB ......................................Bl i � . . .. �'�-d��a l, i The Employer and the Saint Paul Fire Svpervisory Association (SPFSA) agree that the purpose of entering into this Agreement is to: 1.1.1 Achieve orderly and peaceful relations,thereby establishing a system of uninterrupted operations and tha hig�estlevel of perfarn,ance that is consistent with the well being of atl concemed. 1.1.2 Bstablish the full and complete understanding of the parties conceming the terms and conditions of this Agreement. 1.1.3 Establish procedures to orderly and peacefully resolve disputes as to the appiication of interpretation of this Agreement. 1.1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of rlus Agreement. s' � t � 2.1 2.2 . 2.3 2.4 2.5 2.b 2.7 Association: Saint Paul Fire Supervisory Association (SPFSA) Employer: The City af Saint Paul Association Member: A member of Saint Paul Fire Supervisory Association (SPFSA). Employee: A member of the exclusively recognized bargaining unit as certified by the State Bureau of Mediation Services in Case No. 78-PR-1056-A dated August 1, 1918. Vacancy: As determined hy the department head, a funded position opening in a class specified in Article 3.2. Position: Any specific o�ce, employment or job in the Fire Department in a class specified in Article 3.2. Tour of Duty: A. For a fifty-six {56} hour work week employee: The performanc� of job duties and acceptance of the responsibilities of a position for a consecutive and uninterrupted twenty-four (24) hour period from 8:00 a.m. on a calendar day to 8:00 a.m. on the following calendar day. B. For a forry (40} hour work week employee: The performance of job duties and acceptance of the responsibilities of a position for a cansecutive and uninterrupted eight (S} hour geriod within a calendar day. 1 �i_ 1 � � �� •� C. Notwithstanding B above, empioyees assigned to a forty (40) hour work meek . may, through mutual agreement with the Emp2oyer, work schedales other than schedules limited by B above. Overtime compensation for empIoyees working under sucfi agreements shall be subject to the provisions as set fortii by the Fair Labor Standards Act. 2.8 Department: The fire department of the City of Saint Paui as established and amended from time to time pursuant to Sec6on 9.01 of the City Charter. 2.9 Overtime: Work performed by an Emplaya in excess of the Employee's tour of duty by order of the Employer. 2.10 Overtime Pay: For employees assigned to a fifty-six (56} hour work week, overtime pay, for the purpose of Article 21, will be based an a fifty-six (56) hour work week. For employees assigned to a forty {40) hour work week, overtime pay, for the purpose of Articie 21, wili be based on a forty {40} hour work week. • ' L_ �i lM_ • � 3.1 The Employer recognizes ihe SPFSA as rhe exclusive representative for Yhe purpose af meeting and negotiating the terms and conditions of employment for supervisory Fire � Department persoaneI. 3.2 7ob ciasses which are within the bargaining unit and covered by this Agreement are as follows: Assistant Fire Marshal Ciuef Fire Invesugator Bepury Fire Chief District Fire Chief Fite Communications Chief Fire DisgatcH Supervisor Emergency Paramedical5ervices Chief Emergency Prepazedaess Coardinator Fire Mazshal Fire Training Officer 3.3 In the event the Bmptayer and the Association aze unable to agree as to the i�lusion or exclusion of a ffiw or modified job position, the issue shall be submitted to the Bureau of Mediation Services for determination. � : �: 4.1 The Employer shall deduct from the wages of Employees who authorize such a . deduction in writing an amount necessary to cover monthiy Association dues and assessments. Slich monies shall be remstted as directed by the Association. 97-I15S. 4.2 The Association may desigraate Emplovees from tY:P bargainiag unit to ac? as stewards and shatl inform the Employer in wrifing of such choice. 43 T'he Association agrees to indemnify and hold the Employer harmiess against any and all claims, snits, arders or judgments brought or issued against the city as a result of any action taken or not taken by the city under the provisions of this article. 4.4 The Association agrees that an administrative service fee of fifty cents ($0.50) per member per month shall be deducted by the City of Saint Paui. •T�� . ; � y , � .�r� 5.1 1'he SPFSA recognizes the prerogatives of the Employer to operate and manage iu affairs in aIl respects in accordance with appiicable laws and regulations of apprapriate authorities. The prerogatives and authority which the Employer has not o�cially abridged, delegated or modified by this Agreement are retained by the Employer. . 5.2 A pubtic employer is not required to meet and negotiate on matters of inherent managerial policy, which include but are not limited to, such areas of discretion of policy as the funcuons and programs of the employer, its overall budget, u6lization of technology, and organizationai structure and selection and direcrion and number of personnel. ' � �1 •• r �. 6.1 DEFINITION OF GRIEVANCE: A grievance is defined as a dispute or disagreement as to the interpretation or app3ication of the specific terms and conditions of the Agreement. 6.2 SPFSA REPRESENTAfiiVES: The Empioyer will recognize representatives designated by the SPFSA as the grievance representatives of the bazgaining unit having the duties and responsibilities established by this Article. The SPFSA shali notify the Employer in writing of the names of such SPFSA representatives and of their successors when so designated. 3 � '1 '•� 1 ��_ �� •� 63 PROCF,SSING OF GRIEVANCE; It is recognized and accepted by the SPFSA and . the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employee and shall therefore be accomplished during normal working hours oniy whea consistent with such Employee duties and responsibilicies. The aggrieved Employee and the SPFSA shall be aliowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Emgioyer during normal morking hours provided the Employee and the SPFSA representatives have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimen[ai to the work program of the Etnployer. 6.4 PROCEDURE: Grievances, as defined by Section 5.1 shall be resolved in canformance with the foilowing pracedure: Sten 1 An Empioyee claiming a violation coucerning the interpretation or appiication of the Conuact sha1F within twenty-one (21} calendar days afrer such alleged violation has occurred present such grievance to the Fanployee's supervisor as designated by the Employer. The Employer designated representative will discuss and give an answer to such Steg 1 grievance within ten (IO) calendar days after receipt. A grievance not reso2ved in Step i and appealed ia Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Contract allegedly violated � the remedy reqnested, and shali be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final ansu+er in Step i. Any grievance not appealed in writing to 3tep 2 by the SPFSA within ten {10) calendaz days shall be considered waived. Steo 2 If appealed, the written grievance shall be presenced by the SPFSA, and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the SPFSA the Employer's Step 2 answer in writing within ten (10} caiendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to �tep 3 within ten {70) calendar days following the Empioyerdesignated representative's Step 2 answer. Any grievance not appealed in writing to Step 3 by SPFSA within ten (10) calendar days sha12 be considered waive@. Sten 3 If appealed, the written grievarcce shall be presented by the SPFSA to, and discussed with the Empioyer-designated Step 3 representative. The Employer-designated representative shail give the SPFSA the Employer's answer in writ'sng within ten {10) calendar days after receipt of sueh Step 3 grievance. A grievance not resolved in Step 3 may be appesled by the SPFSA to Step 4 within ten (10) calendar days following the Empioyer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the SPFSA within ten (10) calendar days shal2 be considered waived. � �, � , �, _ •. g'•�� 5� 1. If the grievance has not been satisfactorily resoived at Step 3, either the tinion � or the Employer may, within ten (IO} calendar days, request mediation. If the parties agree that the grievance is suitahle for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services for the assgnment of a r:�e3iator. Grie��ance mediation sha�l be completed witr�i.^, :,�:irry (30) days of the assignment unless the parties mutuaily agree to lengthen the time limit. 2. Grievance mediation is an optional and voiuntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to arbivation shall be delayed for the period of inediation. The grievance mediation grocess shall be informai. Rules of evidence shali not apply, and no record shal] be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and argument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. 4. At the request of both parties, the mediator may issue an oral recommendation far settlement. Either pazty may request ihat the mediator assess how an azbitrator might rule in this case. ` 5. The grievant shaIi be present at the grievance mediation proceeding. If the grievance is resolvetl, the grievant shall sign a statement agreeing to accept the outcome. Uniess the parties agree otherwise, the outcome shali not be precedential. 6. if the gr'sevance is not resolved and is subsequently moved to arbivation, such proceeding shall be de novo. 3�iothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or refened to during arbivation 5ten 4 A grievance unresolved in Step 3 and appealed to Step 4 shaii be submitted to arbitration subject to the provisions of ihe Public Employment Labor Relations Act of i971. The selection of arbitrator shail be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the R►blic Employment Reladons Board. 6.5 ARBITRATOR'S AVi'AORITY: The arbitrator shall have no zight w amend, maiify, nuliify, ignore, add to, or subuact fzom the terms and conditions of the Agreement. The arbivator shall consider and decide oniy Lhe specific issue(s) submitted in writing hy the Emp3oyer and the SPFSA, and shall have no authoriiy to make a decision on any other issue not so submitted. 5 F�=..�t1il��e�:i_�aliFf�Z • � � J:_ � � � 6.6 The azbitrator shalI be without perwer to make decisions contrary to or inconsistent with � or modifying or varying in any way the applicatian of 1aws, rules or regulations having the force and effect of taw. The arbitrator's decision shatl be submitted in writing within tturty (30) days following the close of the heazing or the submission of briefs by the parcies, whicheveris later, uniess the parties agree to an extension. The decision shat2 be based solely on the arbitrator's intergretarion or application of the express terms of tiris Agreement and to the facts of ihe grievaace presented. 6.7 'fhe fees and expenses for the azbitrators' services and proceedings shali be borne equaiiy by the Emgloyer aad the SPFSA, provided that each garry shall be responsible for compensating its own representatives and witnesses. If either garty desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record, ff both parties desire a verbatim record of the proceedings, ihe cost sha12 be shazed equaily. 6.8 WAIVER: If a grievance is not presenied within the time limits set forth above, ii shali be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof w'sthin the specified time limiu, the SPFSA may elect to ueat the grievance as denied at that step and immediately appeal the grievance to ttie next step. The time limit an each step may be eztended by mutual written agreement of the � employer and the SPFSA in eack step. 6.9 RECORDS: All documents, communications and records deating with a grievance shalI be filed separately from ihe personnel fiIes of the involved empIoyee(s). I 7.1 This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Saint Paul. In the event any provision of ihis Agreement shail be heid ta be contrary to iaw by a couri of competent jurisdiction from whose final judgment or decree no appeai has been talcen within the Lime provided, such provisions shall be voided. Atl other provisions shall continue in full force and ef€ect. The voided provision may be re�gotiated at the written request af either party. �' J�LI �� .;_� 8.1 The I972 base of One Hundred Twenry Dollars ($I20.00) as a clothing allowauce on a voucher system wiil be increased January 1, 1974, and each year thereafrer on the basis of a yearly study of the increased cost of the defined uniform. The 1472 base cost of the uniform is stipuiated and attached as Appe�lix A. C 97-t� 5` �RTICLE 8 - LJ�IFdR'�7 ALL�V4'A'tiCE (Coutimsed) • 8.2 It is further understood that employees covered by ihis Agreement shall receive a clothing allowance which is Thirry ($30.00} doltars greater than that provided by Anicle 8.1 of tIris Agreement. . . 9.1 Except in cases of malfeasance in office or willfui or wanton neglect of duty, the Employer shall defend, save haimless and indemnify an Emplayee, and/or hislher estate, against any claim or demand, whether groundiess or otherwise, arising out of an aileged act or omission occurring in the performance and scope of the Employee's dvties. 9.2 Notwithstanding Article 9.1, the employer shall not be responsibie for paying any legal service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. ' 1 E�i 10.1 Departuient Seniority: For the purposes of this Agreement seniority shall be defined as the length of continuous and uninterrupted employment in the fire department. 10.2 Loss of Department Seniority: An Employee will lose acquired deparnnent sen'sority . in the foliowing instances: iQ.21 Resignation 10.2.2 Discharge 10.2.3 Retirement 10.3 Work Force Reduction: in ihe event of a reduction in rhe department work force, such reduction shali occur in accordance with Section 22 of the Civil Service Rules as of the date of the signing of this Agreement. 10.4 Reduction in Rank: Reduction in rank shall be in accordance with the Civil Service Rules as of the date of the signing of this Agreement. {Except as indicated below) 10.4.1 Reduction in rank for periods up to but no more than 30 conse�utive calendar days will be by platoon seniority. 10.4.2 Reduction in rank for more than 30 consecutive cale�ar days shall be in accardance with the Civil Service Rules as of the date of the signing of this Agreement. . � . ;. i i. i Employees required by the Empioyer to report for work during off-tiuty time wiIl be compensated at the overtime nte in accordance with Article 2.10 of this Agrcemern. ?'he minimum paymem under this Article will be four (4) times the Employ�'s hourly rate. An early report of two (2) hours or less, or an extension of a normally scheduied tour of duty, shali not qualify an Employee for this minimum payment. 7 ►�' i i, � • . +� � 12.1 The insurance plans, premiums for coverages, a� benefits contained in the insurance • plans offered by Lhe Employer shall be solety controIled by the cantracts �gotiated by the Employer and the benefit providers. The Empiayer will aaempt to prevent any ct�anges in rhe benefits offered by the benefrt providers. However, the emp2oyees se2ecting the offered plans agree to accept any changes in benefiu which a specific provider impiements. 12.2 Effective for the Januazy 1, 1947 insurance covenge, the Employer will contribute $300.OQ per month to eligibie empioyees who seleci single health insurance coverage. The Emplayer wiil contribute $368.82 per month to eiigible employees svho select family health insurance coverage. 12.3 Under the "Cafeteria Plan" full-time, efigibie empioyees, must select at least single health insurance coverage and employee life insurance in an amount of $5,000. It is understood that these mazidatory caverages may not be waived. Any unused portion of the Employer's contribution for which an employee is eligible is defined as unused benefit dollazs, not satary, and shall be paid to the employee as taxable income. Such payment will be made during ihe moath of December for the insurance year. For employ�s who terminate their employment with the City of Saint Paul, such payment shall be made within 90 days following termination. Aowever, an empioyee whose spouse is also employed by ihe City of St. Paul and is - e2igible to participate in the ciry's health insurence plan will not be required to select the mandatory health insurance coverage as long as one of the spouses is participating in the city's health insurance plan with family coverage. The mandatory life insurance coverage continues to apply. In this event, oniy the difference between the cost of the mandatory life insurance and the employer contnbution auiount for singie health insurance coverage sha11 be eligble for payment as unused benefit dollazs 12.4 Under the "Cafeteria Plan," employees covered by this agreement wili be eligible to participate in the Flexible Sperniing Accounts offered by the Emptoyer. The service fee charged for employees participating in the Dependent Care Account wiIl be paid by the Employer. The service fee for employees garticipating in the Medical Expense Account will be paid by tlte employee. C�rv3aor I��r�nce 12.5 In the event of the death of an active empioyee, the dependents of the employee shall have the option, within thirty (30j days, to wntinue the atrrent hospitalization and medical benefits, includiag such glan improvements as may be made from time to time which said dependenu previously had, at the premium and Employer co�ribntion applicable to eligible ear2y retirees. The date of death shall be considered to be the date of retirement. 0 ARTIGLE 12 - I!�rSL'RANCE (Cantinued) In the event of the death of an eazly retiree or a regular retiree, the dependents of the � retiree shatl t�ave the option, within thirty (3Q) days, to continue the current hospitalization and medical benefiu which said dependenTS previously had, at the premium and Employer contribuuon accorded to Yhe eligibie deceased retiree. In the event of the death of an empioyee killed in the line of duty, the EmpIoyer wiii conttibute 100% of the premium for either single ar family heaIth insurance coverage for eligible dependents. An eligible dependent who is not enrolled in the City's health insurance progrem at the time of the employee's death will have an op6on to enroll at the next annuaI open enrollment period. It is understood that such coverage shall cease in the event of: 12.5.1 The subsequent remarriage of the surviving spouse of the deceased employee or retiree. 12.5.2 The employment of the surviving spouse where hospital insurance coverage is obtained through a group program provided by said Employer. However, it is further understood that in said event, the surviving spouse shail have ihe right to maintain City health insurance coverage for the first ninety (90) days of said employment. Retiree Incurance • 12.6 Employees who retire must meet the foliowing conditians in order to be eligible for Employer conuibutions listed in Articles 12.7 through 12.1d below towazd a health insurance pIan offered by the Employer: 12.6.1 12.6.2 12.6.3 12.6.4 Be receiving benefits from a pubiic empioyee retirement act cavering employees of the City of Saint Paul at the time of retirement, and Have severed hislher relationship with the Ciry of Saint Paui under one of the retiree plans, and i�ave completed at least ?A years of service with the Ciry of Saint Paul ar be receiving a disability pension from the City of Saint Paul, and Have severed hislher relationship with the Gity of Saint Paul for reasons other than an involuntary termination for misconduet. 97 �5� � - _ . . __ �1RTICLE 12 - IN�URANC'F (Retiree Insurance continued) 12.7 This Article shall appiy to employees who: 12.7.2 Retire on or after January 1, 1996, and 12.7.2 Were appointed on or before December 31, 1945, and 12.7.3 FIave not attai�d age 65 at retirement, and 12.7.4 Meet the terms set forth in Articie i2.8 above, and 12.7.5 SeIect a heaith insurance plan offared by tt►e Emgioyer. Untii such retirees reach sixty-five (65} years of age, the Employer agrees to contribute a maximum of $350.00 per month towazd the premium for single ar fami2y health ins coverage. Any unused portion of the Employer's coniribution sha11 not be paid to the retiree. When such early retiree attains age 65, the provisions of Articie 12.4 shall apply. 12.8 This Article shall appIy to employees who: 12.8.1 Retiree on or after Januazy i, 1946, and 12.8.2 Were appointed on or after January l, 1496, and 12.8.3 Have not attained age 65 at retirement, and 22.8.4 Meet the terfns set forth in Articie 12.8 above, and 12.8.5 Select a health insurance plan offered by the Employer. tintil such retirees reach sixty-five years (65) of age, tt►e Employer agrees to contribute a maximum of $300.00 per month toward the cost of single or famity heaith insnrance coverage. Any unused portion of the Employer's conuibuxion sha2i not be paid to the retiree. When such eazly retiree attains age 65, the provisions of Articie 12.10 shall apply. Regular Retirees (Age 65 and over) 12.9 This Article shall apply to employees who: 12.9.1 Retire on or after 7anuary 1, 1994, and 12.9.2 'Were appointed prior to January 1, 1996, and 12.9.3 Have attained age b5 ai retirement, and 12.9.4 Meet the terms set forth in Article 12.8 above, and 12.9.5 Select a heaIth insurance pian offered by the Employer. The EmpIoyer agrees to contribute a ma�mum of $550.00 per month toward the premium for singie or family heaith insurance coverage offered to reg�ilaz retirees and their dependents. Any unused portion of the Employer's contn"bution shall not be paid to the retiree. 'i'his Artic}e sha11 also agply to early retirees who retired under the provisioas of Article 12.7 when such early retiree attains age 65. i I' L— i0 ARTICLE 12 - P.VSITRANCE (Regular Retirees continued) 12.10 This Article shall apply to emp3oyees who: � 12.1Q.1 Retire on or after January 1, 1996, and 12.14.2 Were appointed on or after 3anuary 1, 1996, and 12.10.3 Ha��e attained a�e 65 at retirement, and 12.10.4 Meet the terms set forW in ArticIe 12.8 above, and 12.1Q.5 Select a health insurance plan offered by the Employer. ��-� ►s� The Employer agrees to contribute a maximum of $300.00 per month ioward the premium for single or family heaith insurance coverage offered to regular retirees and their dependenu. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Article shail also apply to early retirees who retired under the provisions of Art'scle 12.8 when such eariy retiree attains age b5. 12.11 The conuibutions indicated in this Article 12 shall be paid to the Employer's third party adminisuator or designated representative. . •• �� 13.1 In each fiscal yeaz, each Full-time empioyee shall be granted vacation according to the following schedule: Years of service 56 hour Emalovees lst year thru Sth yeaz 112.0 hours * 6th yeaz thru 15th yeaz 168.0 hours ** 16th year thru 25th yeaz 235.Q hours *'�* 26th yeaz and beyond 246.4 hours •"* * (2 x designated work week) *'� (3 x designated work week) *** (4.2 x designated work week) ****(4.4 x designated work week} 40 hour Emolovees 112 hours (14 days) (.0539) 160 hows (20 days) (A�69} 200 hours (25 days} (.0962) 208 hours (26 days) (.1000) 13.2 The department head may permit Empioyees to carry over into the foliowing fiscal year, vacation time equivalent to three work weeks. i�acarion s�hedules shall be fixed by the deparnnent head. An Emgloyee not working futl-time shatl be granted vacation on a pro-rata basis. 11 �FFTI�LE 13 - VACATIQN {Coutinued} 23.3 Employees separated from employment by reason of resignation shall be granted such � vacation pay as kas been earned and remains unused at the time of separation, provided notification of resignation has been sent to ihe department head, in writing, at least fifteen (IS) calendar days prior to the date of resignation. Employees sepazated from empioyment by reason of discharge, retirement, or death shall be granted such vacation pay as has been earned and remains unused at the time of separarion. Employees granted more vacation time than earned at the time of separation from employment shall pay the Employer for such unearned vacation. , `• �; 14.1 In addition to what is pmvided in Saint Paul Ordinance No. 6446, add one additianal ffoating holiday which is to be added to the vacation scheduIe by increasing vacation bp .2 (two-tenttis) times the namber of honrs designated as the work week. 14.2 Effecdve 1486 and in addition to 14.1 above, add one additionat holiday (Martin Iuther King Day) to the vacarion schedule by increasing vacation by .2 (two-tenth) times the number of hours designated as the work week. 14.3 In addition to what is provided in Section I4.1 and 14.2 above, and the St. Pau1 Ordinance No. 6446, add one additionat tour of duty holiday. In each yeaz of this agreement, this tour of duty Holiday may, at the option of the empioyee: (i) Be added to the employee's vacauon schedule, or {2} the employee may choose to receive � payment at his regulaz rate of pay in lieu of taking time off on the additiona[ tour of duty Holiday provided herein. If the Employer has not received and approved an employee's request for lus/her additional tour af day Holiday time off by November 15 of each caIendaz year, such employee can only receive payment at the regulaz rate of pay and can no longer elect to take time off for rhat calendar year. Such payment shall be made no later than the last regulariy scheduled pay day of that calendar year 14.4 For those employees assigned to a work week other ihan Monday through Friday, the ho2iday shall be observed an the calendar date of the holiday. 14.5 Eligibiliry for Holiday Pay and Fioating Holidays shall be in accordance with Section 1 (one) Slibsection I of the Salary PIan and Rates of Compensaflon Resolution. 12 ARTICLE 1� - SICK LEA�'E AND PAREtiT�L LEA�'�' 15.1 Sick leave shall be earned and granted in accordance wiffithe Civil Service RuIes. G !?-ti�o . 15.2 In the case of a serious iliness or disability of an empioyee's chiid, parent or househoid member, the head of the department shal} grant leave with pay in order for the employze to care for or make arran�emenu for the care of such sick or disabled persons. Suck paid leave shall be drawn from the empioyee's accumulated sick leave credits. Use of such sack leave shall be limited to the number of hotus designated to be the empioyee's work week per incident. 15.3 Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, may be granted one day of sick leave to attend the funeral of the employee's grandparent or grandchild. 15.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighry days, heJshe may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. No employee may convert more than ten (10) days of sick leave in each calendar year under this provision. 15.5 Materni and Parental Leave. Pregnant employees of the City of Saint Paul shall be eligibie for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill Ciry employee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is disabled . in terms of her ability to perform the duties of her position. A tweive (12) month Parental leave of absence without pay sha11 be granted to a natural parent or an adogtive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an a@ditional tweive (12) months by mutual agreement between the employee and the Employer. Refusal on the part of ffie Empioyer to grarn an extension of such leave shail not be subject to the provisions of ArCicle 6 of this Agreement. Employees who return foilowing such leaves of absence shall be placed in a pasition of equivalent salary and tenure as the oire held just prior to the beginning of their leave. . . ._, � .__ 16.2 Effective 3anuary i, 1990, the employer shall provide a severance pay program as set forth in this Article 15. 16.2 To be eligible for the severance pay program an employee must meet the follawing requirements: 13 ARTICLE �6 - SEVERA�'CE PAY (Continued) 26.2.1 The empIoyee must be vo2nntarity separated from City emgloyment or have • been subject to separation by iay-off or compuisory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligibie for the City Severance pay program. 16.2.2 T'he emgloyee must fite a waiver of reemployment with the Human Resources D'uector, which will clearly indicate ihat by requesting severance pay, the emp2oyee waives all claims to reinstaxement or reempioyment (of any type), with the Ciry or with Independent SchooI District No. 625. 16.2.3 The employee must have an accumulated baIance of at least eighty (SQ} days af sick leave credits at tfie Eime of his separarion from service. I6.3 If an empioyee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amounf equal to one-haif of the daily nte of pay for the position held by the employee on the date of segaration for each day of accrued sick leave subje�t to a maximum as shown beiow based on ihe number of years of service witii the City. Years of Service Maximum � with the Citv S�veraace Pav At ieast 20 $ 5,000 21 6,400 22 7,000 23 8,U00 24 9,000 25 10,000 However, any empioyee separated from City employment on or after 7anuary 1, 1992 who has an accumulated balance of at least one tt►ousand eight hunclred fifty (I,850) hours of sick leave credits and at least twenry-five (25) years of service at the time of his/her separadon from service shall be granted severance pay in the amount of tttirty thousand dollazs {$30,000). Employee with twenry (20) or more years of service who is ruied disa6led and is receiving a disabi2ity pensioa and who has 185d hours of accumulated sick leave shali be allowed the maximum severance benefit of $30,000. The manner of payment of such severance pay shall be made in ihree consecutive annual payments of ten thousand @ollars ($l0,OQ0) each. The annual paymenLS shail be made in February of each year. The first payment shail be ruade during the manth of fiebruary in the year following the year in wkich the empIoyee separates hisfher employment. 14 �.RTICLE 16 - SEVERANC� PAY (Continnedl 97-1�� 16.4 For the purpose of this severance p*ogram, a deatfi of an employee sbali be considered . as separation of employment, and if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. Ib.S For the purpose of this severance program, a transfer from the City of Saint Paul empioyment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. . 16.6 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 1149Q. 16.7 The manner of payment of severance in amounu of ten thousand dollars ($10,000) or less shall be made in accordance with the provisions of City Ordinance No. 11490. I:\ �0�y=�1�I►II`J; Lef �f.� 17.1 When the 1944 rates for F'ue Captain Pazamedic are determined, the steps in the 1994 salary range for District Fire Chief shall be adjusted to reflect a fifteen percent (15%) differential above the corresponding step in the 1994 salary range for Fire Captain Paramedic. The 1494 Fire Captain Paramedic rates on which the 15% differentiai is based shall not include any amount that has been added w the Fire Captain Paramedic's rate in lieu of an Employer's insurance contribution. This same process shall be repeated to determine the fu�al 1995 and 1996 rates for the Litle of Disuict Fire Chief. The biweekiy rates for titles other than District Fire Chief covered by this Agreement shali be adjusted each year to reflect the percent as shown beiow of the 1994, 1995 and 1996 rates applicable ta the tide District Fire Chief. TITLE Fire Dispatch Sugervisor Assistant Fire Marshal Emergency Prepar�ness Coordinator Fire Communications Chief Fire Training Officer Chief Fire Investigator Deputy Fire Chief P'ue Marshal Emergency Paramedical Service Chief PERCENT of DISTRICT FIRE CHIEF 85.7� 91.3% 92.9 % 100.0� 100.0% 100.0� 108.3 °lo 108.3 % 108.3% 15 AI2TICLE 17 - WAGES (Continued) Such adjustments shall be effecrive on the first day of the first payro2l period of the � respective year. The wage schedule for the purpose of this Agreement shalI be Appendix B attached hereto. 17.2 Any Fire Captain assigned as a pazamedic with 15 years of service who is promoted to District Fire Chief shall begin at the 10 year step effective January 1, 1994. �._ 1� � �_, 18.1 The residency requ'uemeau as passed bq the City Council on December 30, i983, under Council File No. 279643, shalt apply to ai1 empIoyees covered by tlus Agreement. • � � Y_. ��I 19.1 Employees injured during the covrse of employment and thereby rendered incapable of performing job duties and responsibilities shali receive ful2 wages during the period af incapacity, not be exceed the period equal to twelve (12) months pIus accumulated sick Ieave. It is understood that in such cases, the iweive (12} month period shall first be utilized and only wken same is exhausted shali accumuIated sick leave be applicabie. � 19.2 Employees disabled through injury or sickness other than specified in Section 19.1 above shall receive full wages for a period equal to accumulated sick leave, pins six (6) months as provided hezein. It is understood that in such cases, accumulated sick leave sbalt first be utilized before the six (6} months, or any part thereaf, shall be appIicabie. It is further understood that the si� (6) month period shall be availabie to members in this unii oniy in those years where the last avaiIable Annual Report of the City Civii Service Office shail show average sick leave used per member of the Saint Paul Fire Deparuuent (based on the 1972 AnnuaI Report method of calculating same), of ei$ht (8} days orless. i9.3 Employees injured or iffiagacitated by �llness in the line of duty shaIl be entitled to reinstatement at any time within five (5) years firom the date of uyury ar incapacity �Srovided they are physicalIy capable of resuming their job. 19.4 Ea:cept as spec�catIy provided in this Aracle, all illness and incapaciry ruies and poiicies previously in effect sha11 continue. 16 ARTICLE 20 - DRUG A.�TD ALCQH�L TESTPtiG ��-�� 5� 20.1 Poticy: The Fire Department recognizes illegai drug and alcohol usage as a threat to � ihe public welfare and the employees of the department. Thus, the Fire Department wili take the necessary steps, including drug and alcohoI testing, to elnninate iltegal usage. It is the goal of this policy to prevent and rehabi2itate rather than tenninate the er,:plcyme�t of workers who are abusing drugs or alcohol. No member of the Fire Department shall be discharged for illegal drug or aicohol use without fust having been offered the opportunity to discontinue use either through personal choice or by treatment for chemical deperniency, if such treatment is needed. The Bnion agrees, at the Employer's request, to re-open negotiations of this Article during the term of this Agreement. 20.2 Informing Employees About Drug and Alcohol Testing: All employees will be fulIy informed of the Fire Department's drug testing policy before testing is administered. Employees will be provided with information concerning the impact of the use of drugs or alcohol on job performance. In addition, the employer shaU inform the employees of how the tests aze conducted, how weil the tests perform, mhen the tesu will be conducted, what the tests can deternune, and the consequences of testing positive for drug or alcohol use. All newly h'ued employees wi11 be provided with this information on their initial date of hire. Na employee shall be tested until this information is provided to him. 20.3 Employee Testing: No emgloyee will be tested for drug or alcohol abuse unless there . exlsts reasonable suspicion to believe that the empioyee to be tested is under the influence of illegal drugs or alcohol. Random or mass testing is prohibited. No such testing znay be conducted without the written approval of the o�cer in charge of the unit. The o�cer in charge mnst document in writing who is to be tested and why the testing was ordered. Failure to follow any of these procedures shall result in the elimination of the test resuits as if no test had been administered. The test results shall be desuoyed and no discipline shall be levied against the employee. 20.4 Urine collection shali be conducted in a manner which resulu in a legatly acceptable sample as well as providing a high degree of security for the sample, fre�dom from adulteration of the sample, the highest possible accuracy of the clinlcal resulu while at the same time preserving the digniry of the employee. Administrative procedures shali be such as to prevent the submission of fraudulent tests. When approgriate, biologic testing of the samples may be included as part of such adminisuative procedures. In testing which could result in employee discipline, i#'ihe test result is posirive, a split sample shail be reserved for indepernlent analysis which shall be performed at the request of the affected employee. Upon rec}uest, an euiployee shail be entided to the presenee of a union representative before testing is administered. 20.5 Testing Procedures: Aii sampies shall be tested for Chemical Adulteration, Narcotics, Cannabis, PCP, Cocaine, Amphetamines, Alcohol and Sedatives. The testing shall be done by a Selected Laboratory and the foilowing staudazds shatl be used: 17 Alcohol Drug Groun Amphetamine Cocaine metabotites Benzoylecgonine Drug Testing Staudards .02 concentra6on as showa by an analysis of nrine � �� tt' t� " �' �Y't ' tt t t' . � �' - �.��.�- .�� _ Lutiai Test levei nglmt 1,000 nglmt 1,000 ng/m1 300 ng/ml 13 ng/ml 300 nglml 30d ng/ml 25 ngJml 30Q nglml 1,000 ng/mi 3,000 ng/ml 1,000 ng/mi 300 nglml 300 ng/ml 300 ng/ml 30Q ng/mI 300 nglml Marijuana metabolites deIta-9-THG9-COOH {�piate metabolites Phencyclidine Barbimrates Benzodiazepine metaboIites Meihadone Methaqualone Propoxyphene Cadeine Total Morphine PCP Secobarbital Pentobazbital Phenobarbital Butabazbital Oxazepam Methadone Methaqualone Propoxyphene Norpropoxyphene . GC/MS Confu2nation 500 ng/mZ 500 ng/ml 1$0 IIg/Ii11 IS ng/mi 300 ng/mi 300 ng/ml 25 nglml 1,OOQ ng/ml 1,000 aglml 1,060 ng/ml 1,000 ng/mi �� : �� :�� 30Q nglml 300 aglml 300 ng/ml Any sample which has been adulierated or is shown to be a substa�e other than urine shall be reported as such. AII samp2es wlrich test positive �n a screening test shall be confirmed by gas ckromatography-mass spectrophotometry, and no records of unconfirme8 posirive tests shall be released or retained by the labaratory. Testing shall be conducced in a manner to insure ttiat an emgloyee`s legal drug use does not effect ihe test results. All results shall be evaluated by a suitably trained occupational physician or occupational nurse prior ta being reported. Test results shall be treated with t1�e same confidentiality as other employee medical records. The test resulu shall not be reported outside the F'ue Department. � ARTICLE 20 - BRUG A�� ALCO$QL 1'FSTIT�G (Continued) �(� l( 5 � 24.6 C6emicaf Dependency Progratn: Each person whose urine tesis positive for illicit � drugs shall be medically evaluated, counseled and tteated foz rehabilitation, if required. In addition, at any time an empioyee may volurnarily enter the chemicai dependency program without fear of disciplinary actions against him. Ttus Program is designated to provide care and treatment to employees who are in need of rehabilitation. Details concerning ueatment any empioye� receives at this Program shall remain confidential and shail not be released to the public. The employee shali be responsible for the cost of treatment. No employee shalt be relieved or transferred to other than his usual duties on the basis of one test result although the employee may be re-evaluated for his duty assignment. When undergoing treatment and evaluation employees shall receive the usuai compensation and fringe benefits provided at their assigned position. 2Q.7 Right of Appeal: Each employee has the right to chailenge the resulu of drag or alcohol testing in the same manner that he may gtieve any managerial acuon. 20.8 Duty Assignment After Treatment: Once an emgloyee successfully completes rehabilitation, he shail be retumed to his regular duty assignment. Employee reassignment during treatment shall be based on each individual's circumstances. If follow-up care is prescribed after treatment, this may be a condition of empioyment. . Once treatment and any follow-up care is completed, at the end of two years the records of treatment and posi6ve drug or alcohoI test results shall be retired to a closed medicai record. The employee shall be given a fresh siart wiih a clean adminisuative record. 20.9 ltight of Union Participation: At any time, the Union, upon request, will have the right to inspect and observe any aspect of the drug and alcohol testin$ program with ihe exception of individual test resulu. The Union may inspect individual test results if the release of this information is authorized by the employee involved. 20.10 Union Held ��armless: This drug and alcohol testing program is solely initiated at the behest of tlte employer. The Fire Department shall be solely liable for any legal obligations and costs arising out of the provisions and/or applica6on of this coilective bargaining agreement relating to drug ar aicohol testing. The Union shail be held harniless for the vioiation of any worker rights azising from the administration of the drug or alcohol testing program. 20.11 Contlict with Other Laws: This Article is in no way intended to supersede or waive an employee's federal or state consdtutionai righu. 19 , � . �_ 21.1 Empioyees required to work in excess of their assigned tour of duty will be � compensated at the rate of one and one-haIf (1.5) rimes the emgloyee's normal rate. Such compensation shatl be made in cash or in compensatory time at the option of the Employer. 21.2 The purpose of this section is to effectively etiminate tbree (3} Fire District Chief positions, i.e., those positions which have been traditionatly known as the pool of Fire District Chiefs. ' Beginning December 31, 1997 the employer may assign Fire Captains to perform the duties of Fire Districi Chiefs only in accordance mith subsections 2.1, 2.2, and 23 below. 2I.2.1 All Fire Ciuefs assigned and available for work on a shift aze working as Fire Deputy or District Ciuef. 21.2.2 The Department may assign Captains as out-of-tifle District Chiefs for any scheduIed absence (Scheduled absence, as used herein, is an absence that will be known when a segment schedule is prepared and distributed for ihe next, i.e., immediateIy following segment} Aowever, tfie out-of-titIe assignments wili not occur until Deputy and District Chiefs, as a group have scheduled or eamed, within the calendar year, $97,417 in overtime. This overtime wiIl be earned by filiing Deputy and Disirici Chief scheduled absences. i 21.2.3 The Association will detemiine the method and be responsible for disiribuiing the scheduled overtime tours of dury among ihe Deputy and Disuict Chiefs. This will be done to the satisfaction of the empioyer that qual�ed personnel are filling the positions. � �' 1�1 22.1 The Emplayer may discipline employees in any form listed below: Oral Reprimand Written Regrimand Suspension Demotion T'be Employer will discipline employees for just cause oniy and in accordance with the concept of progressive discipiine. Employees who aze discipiined pursuant to the terms of this Article may appeai the Emgloyer's disciplinary action through the grievance procedure set forth in Article 6 of ihis Agreement or to a Civil Service authority pursuant to the rules and procedures of such authority. �4 °�7-115� ART7CLE 23 - PC3StTF0'�' OPE�F�eGS � 23.1 To expedite the filling of vacancies under the civil service procedures, the head of the depamnent or designated representative will: iviake requisition for certifica<.ian of eligibles to fi?1 a vacancy within fifteen (15} days after determining that a vacancy e�su. Within fift�n (25} days after the department head has met with the certi5ed eligibles, helshe will fill the vacancy. If no eligible list is in effect when a vacancy occurs, the department head shall, within fifteen (15) days, request the Human Resources D'uector to conduct an exaznination for the purpose of establishing an eligible list. Nothing in this Articie 23 shall be construed to eliminate or lessen the Departmern Head's right to deternrine the nvmber of empioyees in any class ritle. � ' 9 �41_ . 24. i Automobile Reirabursement Authorized: Pursuant to Chapter 33 of the Saint Paul Admuustrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. • 24.2 Method of Computation: To be eligibie for such reimbursement, all o�cers and employees must receive written authorization from the Department Head. Type 1 If an employee is required to use hislher own automobile OCCASIONALLY during employment, the employee shail be reunbursed at the rate of $4.00 per day for each day the emgloyee's vehicle is actualiy used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the Depariment Fiead or designated representauve determines that an employer vehicle is availabie for the empioyee's use but the employee desires to use ius/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shaIl not be eligible for any per diem. T'ype 2 If an employee is required to use luslher own automobile REGiII,ARLY during empioyment, the employee shall be reimbursed at the rate of $4.OQ per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. 21 ARTICLE 24 - CTPY MlI.EAGE {Continued} If sach employee is required to drive an automobile during employment and the • department head or designated representative determines tbat an empioyer veIricle is availab3e far the employae's use but the employee desires to use 3ris/her own automobile, then the employee shall be reimbursed at the rate af $.20 per miie driven and sha21 not be etigible for any per diem. 24.3 The Ciry will provide pazking at the Civic Center Parking Ramp for Ciry employees on either of the above mentioned types of reimbursement plans who are required to have their personal caz avai2able far City business. Such pazking will be provided only for the days the employee is required to have his or her own persanal car avaitabie. 24.4 Rules and Regutatians: T'he Mayor sha11 adopt niies and regulations governing the procedures for automobile reimbursement, which regulaaons and rvles shall contain the requirement that recipients sha11 file dai2y reports indicating miles driven and shall file monthly aff'idavits stating the number of days worked and the number of miles driven, and further require that they maintain au[omobile liabiliry ins¢rance in amounts of not less than $100,000/$300,OOQ for personal injury, and $25,000 for properry damage, or liabiliry insurance in amounts not less than $300,000 single lunit coverage, with ihe Ciry of Saint Paul named as an addidonal insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Cterk. � 22 • • ARTICLE 25 - DURATION OF AGREEMENT � 1�I � 5� 25.1 Except as herein provided, this Agreement shall be effective as of the date the Agreement is executed by the parties, and shall continue in full force and effect through the 31st day of December, 1947, and thereafter until modified or amended by mutual agreement of the parties. Either pariy desiring to amend or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Minnesota Public Employment Labor Relations Act of 1984. 25.2 The wage schedule attached hereto as Appendix "$" shall take force and effect at such time as is specified in the aduiinistrative resolution recognizing and approving this Agreement in accordance with Section 12.09 of the Saint Paui City Charter. Signed this 4�' day of September,1997 CITY OF SAINT PAUL �'7�5" Mary . Kearney Director of Labor Relations �� ,�J �� (�,a �� : ; �ps�t.Cit�At�rt►�!� SAINT PAI3L FIRE SUPERVISORY A SOCIATION J 3o Colanna, Pre ident � Donato Bataglia o�Ga.r�%� ��`�v 7�'.�Tk� �ia�a fC, t�3orasl, 23 APPENDIX A Regulation "West Point" long sleeve police shirt • Regulation "RTest Point" short sleeve police shirt Ranking O�cer's white uniform shirt, long sleeve, West Point 750�C Ranking Officer's white uniform shirt, short sleeve, West Point 75QOC Jersey rype long sleeve sweat shirt, navy biue - Wilson 8632 Jersey type 3/4 sleeve sweat shirt, navy blue - Wilson 8632 Fechheimer Bros. navy blue trousers 32200 Fechheimer Bros. navy blue trousers 32250 Jacket - Light weight, waist style Fechheuner 32100 Fur coat - Energy 100FD - Sizes 48 - 50 add 10% - longs add 10% 7acket - California thermal chief - Horace Smaii Parka - Navy - Butwin 111SP Regular sizes 34 - 46 Extra sizes 48, 50, 52, Long . Liners for summer uniform fire fighter jacket - Fechheimer Bros. 32704 Sewing Costs: No cost when ordered with jacket, otherwise .. Caps Trooper Cap Chiefs Navy-Stype Midwest-N.W. 8 pt. Midwest-N.W. Belts - leather - black - 1.5 inch Shoes Wedge style oxford - Red Wing shoe #101 Siip on sty]e oxford - FLOAT-AWAYS #T5347 Slip on style oxford - FLOAT-AWAYS #35318 Lace style oxford - FLOAT-AWAYS Z5096 S1ip on style oxford Weinbrenner 1635 Slip on sryle oxford Weinbrenner 1435 I,ace style oxford T5152 Mocc toe I,ace style oxford Weinbrenner 1225 Lace style oxford Weinbrenner 1250 Socks Munsingwear #40 Munsingwear #415 - suetch style Ties - biack, 4-in-hand, or snap-on style �l7- i15� A1 � . 1 Salary ranges applicable to tittes covered by this Agreement shall be as shown below: Effective Decem6er 21, 1996: Two percent {2.0%) increase Effective July 19, 1997: One-half percent (0.5%} i�crease Effective December 20, 1997: Two-tenths percent (02%} increase 12/21/96 07l19/97 12/20/47 GRADE 041 FIRE DISPATCH SUPERVISOR A B C D E F (�) (2) ( (d) (5) (6) 1686.73 1770.04 1857.55 1931.69 2029.43 2110.85 1695,16 1778.89 1866.84 194135 2Q39.58 2121.a� 1698.55 1782.45 1870.57 1445.23 2043.66 2125.64 APPENDIX B: BIWEEKLY RATES GRADE 044 ASSISTANT FIRE MARSHAL 12/21l96 07/19/97 ] 2I20/97 1796.96 1805.94 1809.55 1885J0 7978.93 2057.92 2162.04 2248J9 1895.13 3988.82 206811 2172.85 2260A3 ]898.92 7992.80 207235 2I77.20 2264.55 GRADE 045 EMERGENCY PREPAREDNE5S COORD 12121J96 07/ 19/97 12J20/97 1828.44 1837.58 1841.26 1918.74 2013.61 2093.98 2199.93 228821 1928.33 2023.68 2104.45 2210.93 2299.65 1932.19 202'7.73 2108.66 221535 230415 GRADE 046 CHIEF FIRE INVESTIGATOR F1RE COMMUNICAT`IONS CHIEF FIRE DISTRICT CHIEF FIRE TRAINING OFFICER 12/21l96 07J19l97 12l20J9? 12l21l46 07l19l47 12/20197 1968.19 2065.40 2167.50 2254.03 2368.07 2463.09 1978.03 2075.73 217834 226530 23?9.91 2475.41 1981.99 20'79.88 2182.�0 2269.83 2384.67 248036 2131.56 214222 2146.50 GRADE 049 DEPUTY FIRE CHIEF EMER PARAMEDICAL SERV CHIEF FIRE MARSHAL 2236.81 2347.40 2441.Q9 2564.62 2667.51 2247.99 2359.14 2453.3� 2577.44 2680.85 2252.49 2363.86 2458.21 2582.54 2686.21 �.�� ° t'� � � �5G 10-YR. 15-YR. ��? � 2219.46 2Z73.78 223a.56 2285.15 2235,02 2289.72 2364.48 242236 2376.30 2434.47 2381.05 2439.34 2405.91 2464.82 2437.94 2477.14 2422.78 2482.09 2589.80 2653.19 2602.75 2666.46 2607.96 2671.79 2804.75 2873.40 2818.77 2887.17 2824.41 2893.55 Council File # qR-1}�(� �� .� �..; r , i .. ? ,' � PAUL, MINNESOTA Green Sheet # 35896 7 Preserned b; Refened To 1 ►� 3 Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1997 Collecfive Bazgaining Agreement between the City of Saint Paui and the Saint Paul Fire Supervisory Association. Requested by Department of: Office of Labor Relations By: 1 ��L��'� - -� Form App oved by C' ttorney By: —�� `��I �� by Council Approved by Mayor: Date 1 Ji ti, (�'�' Approve by M or r Submi s n� cil By: m �( � /f� "' _� , By: �— Adopted by Council: Date (�¢�_1 \ ��"�_ � DEPARTMENTlOFFICElCOUNCIL: DATE INTTIATED GREEN SHEET No.:35896 q�—�`S6 LABOR RELATIONS Q9/08/97 COATACT PERSON & PHONE: WI7'lAUilATE W11'uunA7'E JiJLIE KRAUS 266-6513 �r �GN � DEpq}L1 DIR. � 4 CI'i'1 CAUNCIL NUMBER 2 CITY ATIORNEY � CITY CLERK MUST BE ON COUVCIL AGENDA BY (DATE) F�R BUDGE7 DIR FIN- & MG'I. SERVICE DIR. ROIJTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNATORE PAGES,i (CLIP ALL LOCATIONS FOR SIGNATURE) acnoN �QU�sren: This resolufion approves the attached 1997 Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Fire Supervisory Association. RECOMMENDATIONS: Approve (A) or Reject (A) PERSONAL SERVICE CONTRACCS MUST AIVSWER TE[E FOLLOWING QUESTIONS: PLANNING COMM(SSTON CIVIL SERVICE COMM[SSION 1. Has ihis persoNfirm ever worked under a contract for ihis depamnent? CID COMMITI'EE Yes No STAFP 2. Hu this person/firm ever been a city empSoyte? DISTRICT COURT Yes No S13PPORTS Wk�CH COIINCIL OBSECTIVE? 3. Does this pasoNfimt possess a skill not nom�ally possessed by any wrtent ciTy employee? Yes No Expiain all yes answers oo separate sAeet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORT[JNI7"1' (Who, What, When, WAere, Why): ' nnvnNracES tF nrrxovEU: An Agreement in place through December 31, 1997. DLSADVANTAGESIFAPPROVED: NOrie. � Le �� F: � y � �� .Y��a �" $�� ia�7 nrsnnvnr*rnsES iF NoT nrrxoven: No settlement reached. Parties would be subject to inteFe�st°arbitration to settle disputes on terms of agreement. TOTAL AMOUN'P OF TRANSACCION: COST/AEVENUE BUDGETED: FONDING SOURCE: ACI`IVST'Y NUMBER: FINANCIAL LNFORMATION: (EXPLA(N) R'1-1.�5 l� DURATION This contract will be effective January 1, 1997 through December 31, 1997. Below represents the changes for the 1997 Collecrive Bargaining Agreement between the City of Saint Paul and the Saint Paul Fire Supervisory Association (SPFSA}, 1. ►� WAGES Effective Ol/01197: 2.0% base wage increase Effective OS/01197: 0.5% base wage increase. Effective 12f31197: 0.2% base wage increase. AT'I`ACHMEN'I` TO GREEN SHEET 1997 Saint Paul Fire Supervisory Association 3. ACTIVE HEALTH INSURANCE Below are the City contribution levels to health insurance premiums for active employees. The City wiil return any unused benefit dollazs to the employee. Single Family � IJ 1197 $300.00 No increase $368.82 Represents 50°!0 of the increase MILEAGE Establishes a new artacle adjusting mileage by $.OS/mile to $.20 per mile and parking by $1.00 per day to $4.00 per day over the rate established by resolution. This brings the SPFSA in line with other bargaining units. F:�I.ABREL\CONTRACTIFIRESUPW 997WTTACH97 ,� ,;, �. �- �'T ��5 �. _ ��:�= _ - -, . =_ � r = _. ' � = - � - - .� - ,_,. , ,. '- � ,.� -. ` 1997 A:GREEME�VT - , . .. �_ �_ , . , _. � v .,,� . - � � - . �� v.,- _ - . -.,_. �_ - h � � __ �� tietween' - ° . , _ , _ �. . YE `; � - ;'�HE GI�I' OF �z�Ii�TT EAIJi, x ' , , J < : . > p- _ � � ! qz -'dllf� , � ,� , $ S 1 ;. ,, ;, �. bY ,��<: � �- ,5; X � . , �. .. n F . 4 y � _ . i. _ � � � F. � 5 .� ; �. .. .-_ i . � _ . .. -.� . Y-. Y 9?-115� � �` � .� ARTICLE TITLE PAGE 1 Furpose ..............................................i 2 Definirions ............................................i 3 Recognition ...........................................2 4 Security ..............................................3 5 Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Savings Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Uniform Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Legal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Seniority .............................................7 11 Ca1lBack .............................................7 12 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Vacation .............................................il 14 Holidays .............................................i2 15 Sick Leave and Parental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 • 16 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 Wages ..............................................15 18 Residence ............................................i6 19 Incapacitation . .................................... .... 16 20 Drug and Alcohol Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 21 Overtime ............................................20 22 DiscSpline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 23 Position Openings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 24 City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 25 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 AppendixA ..................................... A1 AppendiYB ......................................Bl i � . . .. �'�-d��a l, i The Employer and the Saint Paul Fire Svpervisory Association (SPFSA) agree that the purpose of entering into this Agreement is to: 1.1.1 Achieve orderly and peaceful relations,thereby establishing a system of uninterrupted operations and tha hig�estlevel of perfarn,ance that is consistent with the well being of atl concemed. 1.1.2 Bstablish the full and complete understanding of the parties conceming the terms and conditions of this Agreement. 1.1.3 Establish procedures to orderly and peacefully resolve disputes as to the appiication of interpretation of this Agreement. 1.1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of rlus Agreement. s' � t � 2.1 2.2 . 2.3 2.4 2.5 2.b 2.7 Association: Saint Paul Fire Supervisory Association (SPFSA) Employer: The City af Saint Paul Association Member: A member of Saint Paul Fire Supervisory Association (SPFSA). Employee: A member of the exclusively recognized bargaining unit as certified by the State Bureau of Mediation Services in Case No. 78-PR-1056-A dated August 1, 1918. Vacancy: As determined hy the department head, a funded position opening in a class specified in Article 3.2. Position: Any specific o�ce, employment or job in the Fire Department in a class specified in Article 3.2. Tour of Duty: A. For a fifty-six {56} hour work week employee: The performanc� of job duties and acceptance of the responsibilities of a position for a consecutive and uninterrupted twenty-four (24) hour period from 8:00 a.m. on a calendar day to 8:00 a.m. on the following calendar day. B. For a forry (40} hour work week employee: The performance of job duties and acceptance of the responsibilities of a position for a cansecutive and uninterrupted eight (S} hour geriod within a calendar day. 1 �i_ 1 � � �� •� C. Notwithstanding B above, empioyees assigned to a forty (40) hour work meek . may, through mutual agreement with the Emp2oyer, work schedales other than schedules limited by B above. Overtime compensation for empIoyees working under sucfi agreements shall be subject to the provisions as set fortii by the Fair Labor Standards Act. 2.8 Department: The fire department of the City of Saint Paui as established and amended from time to time pursuant to Sec6on 9.01 of the City Charter. 2.9 Overtime: Work performed by an Emplaya in excess of the Employee's tour of duty by order of the Employer. 2.10 Overtime Pay: For employees assigned to a fifty-six (56} hour work week, overtime pay, for the purpose of Article 21, will be based an a fifty-six (56) hour work week. For employees assigned to a forty {40) hour work week, overtime pay, for the purpose of Articie 21, wili be based on a forty {40} hour work week. • ' L_ �i lM_ • � 3.1 The Employer recognizes ihe SPFSA as rhe exclusive representative for Yhe purpose af meeting and negotiating the terms and conditions of employment for supervisory Fire � Department persoaneI. 3.2 7ob ciasses which are within the bargaining unit and covered by this Agreement are as follows: Assistant Fire Marshal Ciuef Fire Invesugator Bepury Fire Chief District Fire Chief Fite Communications Chief Fire DisgatcH Supervisor Emergency Paramedical5ervices Chief Emergency Prepazedaess Coardinator Fire Mazshal Fire Training Officer 3.3 In the event the Bmptayer and the Association aze unable to agree as to the i�lusion or exclusion of a ffiw or modified job position, the issue shall be submitted to the Bureau of Mediation Services for determination. � : �: 4.1 The Employer shall deduct from the wages of Employees who authorize such a . deduction in writing an amount necessary to cover monthiy Association dues and assessments. Slich monies shall be remstted as directed by the Association. 97-I15S. 4.2 The Association may desigraate Emplovees from tY:P bargainiag unit to ac? as stewards and shatl inform the Employer in wrifing of such choice. 43 T'he Association agrees to indemnify and hold the Employer harmiess against any and all claims, snits, arders or judgments brought or issued against the city as a result of any action taken or not taken by the city under the provisions of this article. 4.4 The Association agrees that an administrative service fee of fifty cents ($0.50) per member per month shall be deducted by the City of Saint Paui. •T�� . ; � y , � .�r� 5.1 1'he SPFSA recognizes the prerogatives of the Employer to operate and manage iu affairs in aIl respects in accordance with appiicable laws and regulations of apprapriate authorities. The prerogatives and authority which the Employer has not o�cially abridged, delegated or modified by this Agreement are retained by the Employer. . 5.2 A pubtic employer is not required to meet and negotiate on matters of inherent managerial policy, which include but are not limited to, such areas of discretion of policy as the funcuons and programs of the employer, its overall budget, u6lization of technology, and organizationai structure and selection and direcrion and number of personnel. ' � �1 •• r �. 6.1 DEFINITION OF GRIEVANCE: A grievance is defined as a dispute or disagreement as to the interpretation or app3ication of the specific terms and conditions of the Agreement. 6.2 SPFSA REPRESENTAfiiVES: The Empioyer will recognize representatives designated by the SPFSA as the grievance representatives of the bazgaining unit having the duties and responsibilities established by this Article. The SPFSA shali notify the Employer in writing of the names of such SPFSA representatives and of their successors when so designated. 3 � '1 '•� 1 ��_ �� •� 63 PROCF,SSING OF GRIEVANCE; It is recognized and accepted by the SPFSA and . the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employee and shall therefore be accomplished during normal working hours oniy whea consistent with such Employee duties and responsibilicies. The aggrieved Employee and the SPFSA shall be aliowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Emgioyer during normal morking hours provided the Employee and the SPFSA representatives have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimen[ai to the work program of the Etnployer. 6.4 PROCEDURE: Grievances, as defined by Section 5.1 shall be resolved in canformance with the foilowing pracedure: Sten 1 An Empioyee claiming a violation coucerning the interpretation or appiication of the Conuact sha1F within twenty-one (21} calendar days afrer such alleged violation has occurred present such grievance to the Fanployee's supervisor as designated by the Employer. The Employer designated representative will discuss and give an answer to such Steg 1 grievance within ten (IO) calendar days after receipt. A grievance not reso2ved in Step i and appealed ia Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Contract allegedly violated � the remedy reqnested, and shali be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final ansu+er in Step i. Any grievance not appealed in writing to 3tep 2 by the SPFSA within ten {10) calendaz days shall be considered waived. Steo 2 If appealed, the written grievance shall be presenced by the SPFSA, and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the SPFSA the Employer's Step 2 answer in writing within ten (10} caiendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to �tep 3 within ten {70) calendar days following the Empioyerdesignated representative's Step 2 answer. Any grievance not appealed in writing to Step 3 by SPFSA within ten (10) calendar days sha12 be considered waive@. Sten 3 If appealed, the written grievarcce shall be presented by the SPFSA to, and discussed with the Empioyer-designated Step 3 representative. The Employer-designated representative shail give the SPFSA the Employer's answer in writ'sng within ten {10) calendar days after receipt of sueh Step 3 grievance. A grievance not resolved in Step 3 may be appesled by the SPFSA to Step 4 within ten (10) calendar days following the Empioyer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the SPFSA within ten (10) calendar days shal2 be considered waived. � �, � , �, _ •. g'•�� 5� 1. If the grievance has not been satisfactorily resoived at Step 3, either the tinion � or the Employer may, within ten (IO} calendar days, request mediation. If the parties agree that the grievance is suitahle for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services for the assgnment of a r:�e3iator. Grie��ance mediation sha�l be completed witr�i.^, :,�:irry (30) days of the assignment unless the parties mutuaily agree to lengthen the time limit. 2. Grievance mediation is an optional and voiuntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to arbivation shall be delayed for the period of inediation. The grievance mediation grocess shall be informai. Rules of evidence shali not apply, and no record shal] be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and argument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. 4. At the request of both parties, the mediator may issue an oral recommendation far settlement. Either pazty may request ihat the mediator assess how an azbitrator might rule in this case. ` 5. The grievant shaIi be present at the grievance mediation proceeding. If the grievance is resolvetl, the grievant shall sign a statement agreeing to accept the outcome. Uniess the parties agree otherwise, the outcome shali not be precedential. 6. if the gr'sevance is not resolved and is subsequently moved to arbivation, such proceeding shall be de novo. 3�iothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or refened to during arbivation 5ten 4 A grievance unresolved in Step 3 and appealed to Step 4 shaii be submitted to arbitration subject to the provisions of ihe Public Employment Labor Relations Act of i971. The selection of arbitrator shail be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the R►blic Employment Reladons Board. 6.5 ARBITRATOR'S AVi'AORITY: The arbitrator shall have no zight w amend, maiify, nuliify, ignore, add to, or subuact fzom the terms and conditions of the Agreement. The arbivator shall consider and decide oniy Lhe specific issue(s) submitted in writing hy the Emp3oyer and the SPFSA, and shall have no authoriiy to make a decision on any other issue not so submitted. 5 F�=..�t1il��e�:i_�aliFf�Z • � � J:_ � � � 6.6 The azbitrator shalI be without perwer to make decisions contrary to or inconsistent with � or modifying or varying in any way the applicatian of 1aws, rules or regulations having the force and effect of taw. The arbitrator's decision shatl be submitted in writing within tturty (30) days following the close of the heazing or the submission of briefs by the parcies, whicheveris later, uniess the parties agree to an extension. The decision shat2 be based solely on the arbitrator's intergretarion or application of the express terms of tiris Agreement and to the facts of ihe grievaace presented. 6.7 'fhe fees and expenses for the azbitrators' services and proceedings shali be borne equaiiy by the Emgloyer aad the SPFSA, provided that each garry shall be responsible for compensating its own representatives and witnesses. If either garty desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record, ff both parties desire a verbatim record of the proceedings, ihe cost sha12 be shazed equaily. 6.8 WAIVER: If a grievance is not presenied within the time limits set forth above, ii shali be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof w'sthin the specified time limiu, the SPFSA may elect to ueat the grievance as denied at that step and immediately appeal the grievance to ttie next step. The time limit an each step may be eztended by mutual written agreement of the � employer and the SPFSA in eack step. 6.9 RECORDS: All documents, communications and records deating with a grievance shalI be filed separately from ihe personnel fiIes of the involved empIoyee(s). I 7.1 This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Saint Paul. In the event any provision of ihis Agreement shail be heid ta be contrary to iaw by a couri of competent jurisdiction from whose final judgment or decree no appeai has been talcen within the Lime provided, such provisions shall be voided. Atl other provisions shall continue in full force and ef€ect. The voided provision may be re�gotiated at the written request af either party. �' J�LI �� .;_� 8.1 The I972 base of One Hundred Twenry Dollars ($I20.00) as a clothing allowauce on a voucher system wiil be increased January 1, 1974, and each year thereafrer on the basis of a yearly study of the increased cost of the defined uniform. The 1472 base cost of the uniform is stipuiated and attached as Appe�lix A. C 97-t� 5` �RTICLE 8 - LJ�IFdR'�7 ALL�V4'A'tiCE (Coutimsed) • 8.2 It is further understood that employees covered by ihis Agreement shall receive a clothing allowance which is Thirry ($30.00} doltars greater than that provided by Anicle 8.1 of tIris Agreement. . . 9.1 Except in cases of malfeasance in office or willfui or wanton neglect of duty, the Employer shall defend, save haimless and indemnify an Emplayee, and/or hislher estate, against any claim or demand, whether groundiess or otherwise, arising out of an aileged act or omission occurring in the performance and scope of the Employee's dvties. 9.2 Notwithstanding Article 9.1, the employer shall not be responsibie for paying any legal service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. ' 1 E�i 10.1 Departuient Seniority: For the purposes of this Agreement seniority shall be defined as the length of continuous and uninterrupted employment in the fire department. 10.2 Loss of Department Seniority: An Employee will lose acquired deparnnent sen'sority . in the foliowing instances: iQ.21 Resignation 10.2.2 Discharge 10.2.3 Retirement 10.3 Work Force Reduction: in ihe event of a reduction in rhe department work force, such reduction shali occur in accordance with Section 22 of the Civil Service Rules as of the date of the signing of this Agreement. 10.4 Reduction in Rank: Reduction in rank shall be in accordance with the Civil Service Rules as of the date of the signing of this Agreement. {Except as indicated below) 10.4.1 Reduction in rank for periods up to but no more than 30 conse�utive calendar days will be by platoon seniority. 10.4.2 Reduction in rank for more than 30 consecutive cale�ar days shall be in accardance with the Civil Service Rules as of the date of the signing of this Agreement. . � . ;. i i. i Employees required by the Empioyer to report for work during off-tiuty time wiIl be compensated at the overtime nte in accordance with Article 2.10 of this Agrcemern. ?'he minimum paymem under this Article will be four (4) times the Employ�'s hourly rate. An early report of two (2) hours or less, or an extension of a normally scheduied tour of duty, shali not qualify an Employee for this minimum payment. 7 ►�' i i, � • . +� � 12.1 The insurance plans, premiums for coverages, a� benefits contained in the insurance • plans offered by Lhe Employer shall be solety controIled by the cantracts �gotiated by the Employer and the benefit providers. The Empiayer will aaempt to prevent any ct�anges in rhe benefits offered by the benefrt providers. However, the emp2oyees se2ecting the offered plans agree to accept any changes in benefiu which a specific provider impiements. 12.2 Effective for the Januazy 1, 1947 insurance covenge, the Employer will contribute $300.OQ per month to eligibie empioyees who seleci single health insurance coverage. The Emplayer wiil contribute $368.82 per month to eiigible employees svho select family health insurance coverage. 12.3 Under the "Cafeteria Plan" full-time, efigibie empioyees, must select at least single health insurance coverage and employee life insurance in an amount of $5,000. It is understood that these mazidatory caverages may not be waived. Any unused portion of the Employer's contribution for which an employee is eligible is defined as unused benefit dollazs, not satary, and shall be paid to the employee as taxable income. Such payment will be made during ihe moath of December for the insurance year. For employ�s who terminate their employment with the City of Saint Paul, such payment shall be made within 90 days following termination. Aowever, an empioyee whose spouse is also employed by ihe City of St. Paul and is - e2igible to participate in the ciry's health insurence plan will not be required to select the mandatory health insurance coverage as long as one of the spouses is participating in the city's health insurance plan with family coverage. The mandatory life insurance coverage continues to apply. In this event, oniy the difference between the cost of the mandatory life insurance and the employer contnbution auiount for singie health insurance coverage sha11 be eligble for payment as unused benefit dollazs 12.4 Under the "Cafeteria Plan," employees covered by this agreement wili be eligible to participate in the Flexible Sperniing Accounts offered by the Emptoyer. The service fee charged for employees participating in the Dependent Care Account wiIl be paid by the Employer. The service fee for employees garticipating in the Medical Expense Account will be paid by tlte employee. C�rv3aor I��r�nce 12.5 In the event of the death of an active empioyee, the dependents of the employee shall have the option, within thirty (30j days, to wntinue the atrrent hospitalization and medical benefits, includiag such glan improvements as may be made from time to time which said dependenu previously had, at the premium and Employer co�ribntion applicable to eligible ear2y retirees. The date of death shall be considered to be the date of retirement. 0 ARTIGLE 12 - I!�rSL'RANCE (Cantinued) In the event of the death of an eazly retiree or a regular retiree, the dependents of the � retiree shatl t�ave the option, within thirty (3Q) days, to continue the current hospitalization and medical benefiu which said dependenTS previously had, at the premium and Employer contribuuon accorded to Yhe eligibie deceased retiree. In the event of the death of an empioyee killed in the line of duty, the EmpIoyer wiii conttibute 100% of the premium for either single ar family heaIth insurance coverage for eligible dependents. An eligible dependent who is not enrolled in the City's health insurance progrem at the time of the employee's death will have an op6on to enroll at the next annuaI open enrollment period. It is understood that such coverage shall cease in the event of: 12.5.1 The subsequent remarriage of the surviving spouse of the deceased employee or retiree. 12.5.2 The employment of the surviving spouse where hospital insurance coverage is obtained through a group program provided by said Employer. However, it is further understood that in said event, the surviving spouse shail have ihe right to maintain City health insurance coverage for the first ninety (90) days of said employment. Retiree Incurance • 12.6 Employees who retire must meet the foliowing conditians in order to be eligible for Employer conuibutions listed in Articles 12.7 through 12.1d below towazd a health insurance pIan offered by the Employer: 12.6.1 12.6.2 12.6.3 12.6.4 Be receiving benefits from a pubiic empioyee retirement act cavering employees of the City of Saint Paul at the time of retirement, and Have severed hislher relationship with the Ciry of Saint Paui under one of the retiree plans, and i�ave completed at least ?A years of service with the Ciry of Saint Paul ar be receiving a disability pension from the City of Saint Paul, and Have severed hislher relationship with the Gity of Saint Paul for reasons other than an involuntary termination for misconduet. 97 �5� � - _ . . __ �1RTICLE 12 - IN�URANC'F (Retiree Insurance continued) 12.7 This Article shall appiy to employees who: 12.7.2 Retire on or after January 1, 1996, and 12.7.2 Were appointed on or before December 31, 1945, and 12.7.3 FIave not attai�d age 65 at retirement, and 12.7.4 Meet the terms set forth in Articie i2.8 above, and 12.7.5 SeIect a heaith insurance plan offared by tt►e Emgioyer. Untii such retirees reach sixty-five (65} years of age, the Employer agrees to contribute a maximum of $350.00 per month towazd the premium for single ar fami2y health ins coverage. Any unused portion of the Employer's coniribution sha11 not be paid to the retiree. When such early retiree attains age 65, the provisions of Articie 12.4 shall apply. 12.8 This Article shall appIy to employees who: 12.8.1 Retiree on or after Januazy i, 1946, and 12.8.2 Were appointed on or after January l, 1496, and 12.8.3 Have not attained age 65 at retirement, and 22.8.4 Meet the terfns set forth in Articie 12.8 above, and 12.8.5 Select a health insurance plan offered by the Employer. tintil such retirees reach sixty-five years (65) of age, tt►e Employer agrees to contribute a maximum of $300.00 per month toward the cost of single or famity heaith insnrance coverage. Any unused portion of the Employer's conuibuxion sha2i not be paid to the retiree. When such eazly retiree attains age 65, the provisions of Articie 12.10 shall apply. Regular Retirees (Age 65 and over) 12.9 This Article shall apply to employees who: 12.9.1 Retire on or after 7anuary 1, 1994, and 12.9.2 'Were appointed prior to January 1, 1996, and 12.9.3 Have attained age b5 ai retirement, and 12.9.4 Meet the terms set forth in Article 12.8 above, and 12.9.5 Select a heaIth insurance pian offered by the Employer. The EmpIoyer agrees to contribute a ma�mum of $550.00 per month toward the premium for singie or family heaith insurance coverage offered to reg�ilaz retirees and their dependents. Any unused portion of the Employer's contn"bution shall not be paid to the retiree. 'i'his Artic}e sha11 also agply to early retirees who retired under the provisioas of Article 12.7 when such early retiree attains age 65. i I' L— i0 ARTICLE 12 - P.VSITRANCE (Regular Retirees continued) 12.10 This Article shall apply to emp3oyees who: � 12.1Q.1 Retire on or after January 1, 1996, and 12.14.2 Were appointed on or after 3anuary 1, 1996, and 12.10.3 Ha��e attained a�e 65 at retirement, and 12.10.4 Meet the terms set forW in ArticIe 12.8 above, and 12.1Q.5 Select a health insurance plan offered by the Employer. ��-� ►s� The Employer agrees to contribute a maximum of $300.00 per month ioward the premium for single or family heaith insurance coverage offered to regular retirees and their dependenu. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Article shail also apply to early retirees who retired under the provisions of Art'scle 12.8 when such eariy retiree attains age b5. 12.11 The conuibutions indicated in this Article 12 shall be paid to the Employer's third party adminisuator or designated representative. . •• �� 13.1 In each fiscal yeaz, each Full-time empioyee shall be granted vacation according to the following schedule: Years of service 56 hour Emalovees lst year thru Sth yeaz 112.0 hours * 6th yeaz thru 15th yeaz 168.0 hours ** 16th year thru 25th yeaz 235.Q hours *'�* 26th yeaz and beyond 246.4 hours •"* * (2 x designated work week) *'� (3 x designated work week) *** (4.2 x designated work week) ****(4.4 x designated work week} 40 hour Emolovees 112 hours (14 days) (.0539) 160 hows (20 days) (A�69} 200 hours (25 days} (.0962) 208 hours (26 days) (.1000) 13.2 The department head may permit Empioyees to carry over into the foliowing fiscal year, vacation time equivalent to three work weeks. i�acarion s�hedules shall be fixed by the deparnnent head. An Emgloyee not working futl-time shatl be granted vacation on a pro-rata basis. 11 �FFTI�LE 13 - VACATIQN {Coutinued} 23.3 Employees separated from employment by reason of resignation shall be granted such � vacation pay as kas been earned and remains unused at the time of separation, provided notification of resignation has been sent to ihe department head, in writing, at least fifteen (IS) calendar days prior to the date of resignation. Employees sepazated from empioyment by reason of discharge, retirement, or death shall be granted such vacation pay as has been earned and remains unused at the time of separarion. Employees granted more vacation time than earned at the time of separation from employment shall pay the Employer for such unearned vacation. , `• �; 14.1 In addition to what is pmvided in Saint Paul Ordinance No. 6446, add one additianal ffoating holiday which is to be added to the vacation scheduIe by increasing vacation bp .2 (two-tenttis) times the namber of honrs designated as the work week. 14.2 Effecdve 1486 and in addition to 14.1 above, add one additionat holiday (Martin Iuther King Day) to the vacarion schedule by increasing vacation by .2 (two-tenth) times the number of hours designated as the work week. 14.3 In addition to what is provided in Section I4.1 and 14.2 above, and the St. Pau1 Ordinance No. 6446, add one additionat tour of duty holiday. In each yeaz of this agreement, this tour of duty Holiday may, at the option of the empioyee: (i) Be added to the employee's vacauon schedule, or {2} the employee may choose to receive � payment at his regulaz rate of pay in lieu of taking time off on the additiona[ tour of duty Holiday provided herein. If the Employer has not received and approved an employee's request for lus/her additional tour af day Holiday time off by November 15 of each caIendaz year, such employee can only receive payment at the regulaz rate of pay and can no longer elect to take time off for rhat calendar year. Such payment shall be made no later than the last regulariy scheduled pay day of that calendar year 14.4 For those employees assigned to a work week other ihan Monday through Friday, the ho2iday shall be observed an the calendar date of the holiday. 14.5 Eligibiliry for Holiday Pay and Fioating Holidays shall be in accordance with Section 1 (one) Slibsection I of the Salary PIan and Rates of Compensaflon Resolution. 12 ARTICLE 1� - SICK LEA�'E AND PAREtiT�L LEA�'�' 15.1 Sick leave shall be earned and granted in accordance wiffithe Civil Service RuIes. G !?-ti�o . 15.2 In the case of a serious iliness or disability of an empioyee's chiid, parent or househoid member, the head of the department shal} grant leave with pay in order for the employze to care for or make arran�emenu for the care of such sick or disabled persons. Suck paid leave shall be drawn from the empioyee's accumulated sick leave credits. Use of such sack leave shall be limited to the number of hotus designated to be the empioyee's work week per incident. 15.3 Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, may be granted one day of sick leave to attend the funeral of the employee's grandparent or grandchild. 15.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighry days, heJshe may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. No employee may convert more than ten (10) days of sick leave in each calendar year under this provision. 15.5 Materni and Parental Leave. Pregnant employees of the City of Saint Paul shall be eligibie for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill Ciry employee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is disabled . in terms of her ability to perform the duties of her position. A tweive (12) month Parental leave of absence without pay sha11 be granted to a natural parent or an adogtive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an a@ditional tweive (12) months by mutual agreement between the employee and the Employer. Refusal on the part of ffie Empioyer to grarn an extension of such leave shail not be subject to the provisions of ArCicle 6 of this Agreement. Employees who return foilowing such leaves of absence shall be placed in a pasition of equivalent salary and tenure as the oire held just prior to the beginning of their leave. . . ._, � .__ 16.2 Effective 3anuary i, 1990, the employer shall provide a severance pay program as set forth in this Article 15. 16.2 To be eligible for the severance pay program an employee must meet the follawing requirements: 13 ARTICLE �6 - SEVERA�'CE PAY (Continued) 26.2.1 The empIoyee must be vo2nntarity separated from City emgloyment or have • been subject to separation by iay-off or compuisory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligibie for the City Severance pay program. 16.2.2 T'he emgloyee must fite a waiver of reemployment with the Human Resources D'uector, which will clearly indicate ihat by requesting severance pay, the emp2oyee waives all claims to reinstaxement or reempioyment (of any type), with the Ciry or with Independent SchooI District No. 625. 16.2.3 The employee must have an accumulated baIance of at least eighty (SQ} days af sick leave credits at tfie Eime of his separarion from service. I6.3 If an empioyee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amounf equal to one-haif of the daily nte of pay for the position held by the employee on the date of segaration for each day of accrued sick leave subje�t to a maximum as shown beiow based on ihe number of years of service witii the City. Years of Service Maximum � with the Citv S�veraace Pav At ieast 20 $ 5,000 21 6,400 22 7,000 23 8,U00 24 9,000 25 10,000 However, any empioyee separated from City employment on or after 7anuary 1, 1992 who has an accumulated balance of at least one tt►ousand eight hunclred fifty (I,850) hours of sick leave credits and at least twenry-five (25) years of service at the time of his/her separadon from service shall be granted severance pay in the amount of tttirty thousand dollazs {$30,000). Employee with twenry (20) or more years of service who is ruied disa6led and is receiving a disabi2ity pensioa and who has 185d hours of accumulated sick leave shali be allowed the maximum severance benefit of $30,000. The manner of payment of such severance pay shall be made in ihree consecutive annual payments of ten thousand @ollars ($l0,OQ0) each. The annual paymenLS shail be made in February of each year. The first payment shail be ruade during the manth of fiebruary in the year following the year in wkich the empIoyee separates hisfher employment. 14 �.RTICLE 16 - SEVERANC� PAY (Continnedl 97-1�� 16.4 For the purpose of this severance p*ogram, a deatfi of an employee sbali be considered . as separation of employment, and if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. Ib.S For the purpose of this severance program, a transfer from the City of Saint Paul empioyment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. . 16.6 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 1149Q. 16.7 The manner of payment of severance in amounu of ten thousand dollars ($10,000) or less shall be made in accordance with the provisions of City Ordinance No. 11490. I:\ �0�y=�1�I►II`J; Lef �f.� 17.1 When the 1944 rates for F'ue Captain Pazamedic are determined, the steps in the 1994 salary range for District Fire Chief shall be adjusted to reflect a fifteen percent (15%) differential above the corresponding step in the 1994 salary range for Fire Captain Paramedic. The 1494 Fire Captain Paramedic rates on which the 15% differentiai is based shall not include any amount that has been added w the Fire Captain Paramedic's rate in lieu of an Employer's insurance contribution. This same process shall be repeated to determine the fu�al 1995 and 1996 rates for the Litle of Disuict Fire Chief. The biweekiy rates for titles other than District Fire Chief covered by this Agreement shali be adjusted each year to reflect the percent as shown beiow of the 1994, 1995 and 1996 rates applicable ta the tide District Fire Chief. TITLE Fire Dispatch Sugervisor Assistant Fire Marshal Emergency Prepar�ness Coordinator Fire Communications Chief Fire Training Officer Chief Fire Investigator Deputy Fire Chief P'ue Marshal Emergency Paramedical Service Chief PERCENT of DISTRICT FIRE CHIEF 85.7� 91.3% 92.9 % 100.0� 100.0% 100.0� 108.3 °lo 108.3 % 108.3% 15 AI2TICLE 17 - WAGES (Continued) Such adjustments shall be effecrive on the first day of the first payro2l period of the � respective year. The wage schedule for the purpose of this Agreement shalI be Appendix B attached hereto. 17.2 Any Fire Captain assigned as a pazamedic with 15 years of service who is promoted to District Fire Chief shall begin at the 10 year step effective January 1, 1994. �._ 1� � �_, 18.1 The residency requ'uemeau as passed bq the City Council on December 30, i983, under Council File No. 279643, shalt apply to ai1 empIoyees covered by tlus Agreement. • � � Y_. ��I 19.1 Employees injured during the covrse of employment and thereby rendered incapable of performing job duties and responsibilities shali receive ful2 wages during the period af incapacity, not be exceed the period equal to twelve (12) months pIus accumulated sick Ieave. It is understood that in such cases, the iweive (12} month period shall first be utilized and only wken same is exhausted shali accumuIated sick leave be applicabie. � 19.2 Employees disabled through injury or sickness other than specified in Section 19.1 above shall receive full wages for a period equal to accumulated sick leave, pins six (6) months as provided hezein. It is understood that in such cases, accumulated sick leave sbalt first be utilized before the six (6} months, or any part thereaf, shall be appIicabie. It is further understood that the si� (6) month period shall be availabie to members in this unii oniy in those years where the last avaiIable Annual Report of the City Civii Service Office shail show average sick leave used per member of the Saint Paul Fire Deparuuent (based on the 1972 AnnuaI Report method of calculating same), of ei$ht (8} days orless. i9.3 Employees injured or iffiagacitated by �llness in the line of duty shaIl be entitled to reinstatement at any time within five (5) years firom the date of uyury ar incapacity �Srovided they are physicalIy capable of resuming their job. 19.4 Ea:cept as spec�catIy provided in this Aracle, all illness and incapaciry ruies and poiicies previously in effect sha11 continue. 16 ARTICLE 20 - DRUG A.�TD ALCQH�L TESTPtiG ��-�� 5� 20.1 Poticy: The Fire Department recognizes illegai drug and alcohol usage as a threat to � ihe public welfare and the employees of the department. Thus, the Fire Department wili take the necessary steps, including drug and alcohoI testing, to elnninate iltegal usage. It is the goal of this policy to prevent and rehabi2itate rather than tenninate the er,:plcyme�t of workers who are abusing drugs or alcohol. No member of the Fire Department shall be discharged for illegal drug or aicohol use without fust having been offered the opportunity to discontinue use either through personal choice or by treatment for chemical deperniency, if such treatment is needed. The Bnion agrees, at the Employer's request, to re-open negotiations of this Article during the term of this Agreement. 20.2 Informing Employees About Drug and Alcohol Testing: All employees will be fulIy informed of the Fire Department's drug testing policy before testing is administered. Employees will be provided with information concerning the impact of the use of drugs or alcohol on job performance. In addition, the employer shaU inform the employees of how the tests aze conducted, how weil the tests perform, mhen the tesu will be conducted, what the tests can deternune, and the consequences of testing positive for drug or alcohol use. All newly h'ued employees wi11 be provided with this information on their initial date of hire. Na employee shall be tested until this information is provided to him. 20.3 Employee Testing: No emgloyee will be tested for drug or alcohol abuse unless there . exlsts reasonable suspicion to believe that the empioyee to be tested is under the influence of illegal drugs or alcohol. Random or mass testing is prohibited. No such testing znay be conducted without the written approval of the o�cer in charge of the unit. The o�cer in charge mnst document in writing who is to be tested and why the testing was ordered. Failure to follow any of these procedures shall result in the elimination of the test resuits as if no test had been administered. The test results shall be desuoyed and no discipline shall be levied against the employee. 20.4 Urine collection shali be conducted in a manner which resulu in a legatly acceptable sample as well as providing a high degree of security for the sample, fre�dom from adulteration of the sample, the highest possible accuracy of the clinlcal resulu while at the same time preserving the digniry of the employee. Administrative procedures shali be such as to prevent the submission of fraudulent tests. When approgriate, biologic testing of the samples may be included as part of such adminisuative procedures. In testing which could result in employee discipline, i#'ihe test result is posirive, a split sample shail be reserved for indepernlent analysis which shall be performed at the request of the affected employee. Upon rec}uest, an euiployee shail be entided to the presenee of a union representative before testing is administered. 20.5 Testing Procedures: Aii sampies shall be tested for Chemical Adulteration, Narcotics, Cannabis, PCP, Cocaine, Amphetamines, Alcohol and Sedatives. The testing shall be done by a Selected Laboratory and the foilowing staudazds shatl be used: 17 Alcohol Drug Groun Amphetamine Cocaine metabotites Benzoylecgonine Drug Testing Staudards .02 concentra6on as showa by an analysis of nrine � �� tt' t� " �' �Y't ' tt t t' . � �' - �.��.�- .�� _ Lutiai Test levei nglmt 1,000 nglmt 1,000 ng/m1 300 ng/ml 13 ng/ml 300 nglml 30d ng/ml 25 ngJml 30Q nglml 1,000 ng/mi 3,000 ng/ml 1,000 ng/mi 300 nglml 300 ng/ml 300 ng/ml 30Q ng/mI 300 nglml Marijuana metabolites deIta-9-THG9-COOH {�piate metabolites Phencyclidine Barbimrates Benzodiazepine metaboIites Meihadone Methaqualone Propoxyphene Cadeine Total Morphine PCP Secobarbital Pentobazbital Phenobarbital Butabazbital Oxazepam Methadone Methaqualone Propoxyphene Norpropoxyphene . GC/MS Confu2nation 500 ng/mZ 500 ng/ml 1$0 IIg/Ii11 IS ng/mi 300 ng/mi 300 ng/ml 25 nglml 1,OOQ ng/ml 1,000 aglml 1,060 ng/ml 1,000 ng/mi �� : �� :�� 30Q nglml 300 aglml 300 ng/ml Any sample which has been adulierated or is shown to be a substa�e other than urine shall be reported as such. AII samp2es wlrich test positive �n a screening test shall be confirmed by gas ckromatography-mass spectrophotometry, and no records of unconfirme8 posirive tests shall be released or retained by the labaratory. Testing shall be conducced in a manner to insure ttiat an emgloyee`s legal drug use does not effect ihe test results. All results shall be evaluated by a suitably trained occupational physician or occupational nurse prior ta being reported. Test results shall be treated with t1�e same confidentiality as other employee medical records. The test resulu shall not be reported outside the F'ue Department. � ARTICLE 20 - BRUG A�� ALCO$QL 1'FSTIT�G (Continued) �(� l( 5 � 24.6 C6emicaf Dependency Progratn: Each person whose urine tesis positive for illicit � drugs shall be medically evaluated, counseled and tteated foz rehabilitation, if required. In addition, at any time an empioyee may volurnarily enter the chemicai dependency program without fear of disciplinary actions against him. Ttus Program is designated to provide care and treatment to employees who are in need of rehabilitation. Details concerning ueatment any empioye� receives at this Program shall remain confidential and shail not be released to the public. The employee shali be responsible for the cost of treatment. No employee shalt be relieved or transferred to other than his usual duties on the basis of one test result although the employee may be re-evaluated for his duty assignment. When undergoing treatment and evaluation employees shall receive the usuai compensation and fringe benefits provided at their assigned position. 2Q.7 Right of Appeal: Each employee has the right to chailenge the resulu of drag or alcohol testing in the same manner that he may gtieve any managerial acuon. 20.8 Duty Assignment After Treatment: Once an emgloyee successfully completes rehabilitation, he shail be retumed to his regular duty assignment. Employee reassignment during treatment shall be based on each individual's circumstances. If follow-up care is prescribed after treatment, this may be a condition of empioyment. . Once treatment and any follow-up care is completed, at the end of two years the records of treatment and posi6ve drug or alcohoI test results shall be retired to a closed medicai record. The employee shall be given a fresh siart wiih a clean adminisuative record. 20.9 ltight of Union Participation: At any time, the Union, upon request, will have the right to inspect and observe any aspect of the drug and alcohol testin$ program with ihe exception of individual test resulu. The Union may inspect individual test results if the release of this information is authorized by the employee involved. 20.10 Union Held ��armless: This drug and alcohol testing program is solely initiated at the behest of tlte employer. The Fire Department shall be solely liable for any legal obligations and costs arising out of the provisions and/or applica6on of this coilective bargaining agreement relating to drug ar aicohol testing. The Union shail be held harniless for the vioiation of any worker rights azising from the administration of the drug or alcohol testing program. 20.11 Contlict with Other Laws: This Article is in no way intended to supersede or waive an employee's federal or state consdtutionai righu. 19 , � . �_ 21.1 Empioyees required to work in excess of their assigned tour of duty will be � compensated at the rate of one and one-haIf (1.5) rimes the emgloyee's normal rate. Such compensation shatl be made in cash or in compensatory time at the option of the Employer. 21.2 The purpose of this section is to effectively etiminate tbree (3} Fire District Chief positions, i.e., those positions which have been traditionatly known as the pool of Fire District Chiefs. ' Beginning December 31, 1997 the employer may assign Fire Captains to perform the duties of Fire Districi Chiefs only in accordance mith subsections 2.1, 2.2, and 23 below. 2I.2.1 All Fire Ciuefs assigned and available for work on a shift aze working as Fire Deputy or District Ciuef. 21.2.2 The Department may assign Captains as out-of-tifle District Chiefs for any scheduIed absence (Scheduled absence, as used herein, is an absence that will be known when a segment schedule is prepared and distributed for ihe next, i.e., immediateIy following segment} Aowever, tfie out-of-titIe assignments wili not occur until Deputy and District Chiefs, as a group have scheduled or eamed, within the calendar year, $97,417 in overtime. This overtime wiIl be earned by filiing Deputy and Disirici Chief scheduled absences. i 21.2.3 The Association will detemiine the method and be responsible for disiribuiing the scheduled overtime tours of dury among ihe Deputy and Disuict Chiefs. This will be done to the satisfaction of the empioyer that qual�ed personnel are filling the positions. � �' 1�1 22.1 The Emplayer may discipline employees in any form listed below: Oral Reprimand Written Regrimand Suspension Demotion T'be Employer will discipline employees for just cause oniy and in accordance with the concept of progressive discipiine. Employees who aze discipiined pursuant to the terms of this Article may appeai the Emgloyer's disciplinary action through the grievance procedure set forth in Article 6 of ihis Agreement or to a Civil Service authority pursuant to the rules and procedures of such authority. �4 °�7-115� ART7CLE 23 - PC3StTF0'�' OPE�F�eGS � 23.1 To expedite the filling of vacancies under the civil service procedures, the head of the depamnent or designated representative will: iviake requisition for certifica<.ian of eligibles to fi?1 a vacancy within fifteen (15} days after determining that a vacancy e�su. Within fift�n (25} days after the department head has met with the certi5ed eligibles, helshe will fill the vacancy. If no eligible list is in effect when a vacancy occurs, the department head shall, within fifteen (15) days, request the Human Resources D'uector to conduct an exaznination for the purpose of establishing an eligible list. Nothing in this Articie 23 shall be construed to eliminate or lessen the Departmern Head's right to deternrine the nvmber of empioyees in any class ritle. � ' 9 �41_ . 24. i Automobile Reirabursement Authorized: Pursuant to Chapter 33 of the Saint Paul Admuustrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. • 24.2 Method of Computation: To be eligibie for such reimbursement, all o�cers and employees must receive written authorization from the Department Head. Type 1 If an employee is required to use hislher own automobile OCCASIONALLY during employment, the employee shail be reunbursed at the rate of $4.00 per day for each day the emgloyee's vehicle is actualiy used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the Depariment Fiead or designated representauve determines that an employer vehicle is availabie for the empioyee's use but the employee desires to use ius/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shaIl not be eligible for any per diem. T'ype 2 If an employee is required to use luslher own automobile REGiII,ARLY during empioyment, the employee shall be reimbursed at the rate of $4.OQ per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. 21 ARTICLE 24 - CTPY MlI.EAGE {Continued} If sach employee is required to drive an automobile during employment and the • department head or designated representative determines tbat an empioyer veIricle is availab3e far the employae's use but the employee desires to use 3ris/her own automobile, then the employee shall be reimbursed at the rate af $.20 per miie driven and sha21 not be etigible for any per diem. 24.3 The Ciry will provide pazking at the Civic Center Parking Ramp for Ciry employees on either of the above mentioned types of reimbursement plans who are required to have their personal caz avai2able far City business. Such pazking will be provided only for the days the employee is required to have his or her own persanal car avaitabie. 24.4 Rules and Regutatians: T'he Mayor sha11 adopt niies and regulations governing the procedures for automobile reimbursement, which regulaaons and rvles shall contain the requirement that recipients sha11 file dai2y reports indicating miles driven and shall file monthly aff'idavits stating the number of days worked and the number of miles driven, and further require that they maintain au[omobile liabiliry ins¢rance in amounts of not less than $100,000/$300,OOQ for personal injury, and $25,000 for properry damage, or liabiliry insurance in amounts not less than $300,000 single lunit coverage, with ihe Ciry of Saint Paul named as an addidonal insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Cterk. � 22 • • ARTICLE 25 - DURATION OF AGREEMENT � 1�I � 5� 25.1 Except as herein provided, this Agreement shall be effective as of the date the Agreement is executed by the parties, and shall continue in full force and effect through the 31st day of December, 1947, and thereafter until modified or amended by mutual agreement of the parties. Either pariy desiring to amend or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Minnesota Public Employment Labor Relations Act of 1984. 25.2 The wage schedule attached hereto as Appendix "$" shall take force and effect at such time as is specified in the aduiinistrative resolution recognizing and approving this Agreement in accordance with Section 12.09 of the Saint Paui City Charter. Signed this 4�' day of September,1997 CITY OF SAINT PAUL �'7�5" Mary . Kearney Director of Labor Relations �� ,�J �� (�,a �� : ; �ps�t.Cit�At�rt►�!� SAINT PAI3L FIRE SUPERVISORY A SOCIATION J 3o Colanna, Pre ident � Donato Bataglia o�Ga.r�%� ��`�v 7�'.�Tk� �ia�a fC, t�3orasl, 23 APPENDIX A Regulation "West Point" long sleeve police shirt • Regulation "RTest Point" short sleeve police shirt Ranking O�cer's white uniform shirt, long sleeve, West Point 750�C Ranking Officer's white uniform shirt, short sleeve, West Point 75QOC Jersey rype long sleeve sweat shirt, navy biue - Wilson 8632 Jersey type 3/4 sleeve sweat shirt, navy blue - Wilson 8632 Fechheimer Bros. navy blue trousers 32200 Fechheimer Bros. navy blue trousers 32250 Jacket - Light weight, waist style Fechheuner 32100 Fur coat - Energy 100FD - Sizes 48 - 50 add 10% - longs add 10% 7acket - California thermal chief - Horace Smaii Parka - Navy - Butwin 111SP Regular sizes 34 - 46 Extra sizes 48, 50, 52, Long . Liners for summer uniform fire fighter jacket - Fechheimer Bros. 32704 Sewing Costs: No cost when ordered with jacket, otherwise .. Caps Trooper Cap Chiefs Navy-Stype Midwest-N.W. 8 pt. Midwest-N.W. Belts - leather - black - 1.5 inch Shoes Wedge style oxford - Red Wing shoe #101 Siip on sty]e oxford - FLOAT-AWAYS #T5347 Slip on style oxford - FLOAT-AWAYS #35318 Lace style oxford - FLOAT-AWAYS Z5096 S1ip on style oxford Weinbrenner 1635 Slip on sryle oxford Weinbrenner 1435 I,ace style oxford T5152 Mocc toe I,ace style oxford Weinbrenner 1225 Lace style oxford Weinbrenner 1250 Socks Munsingwear #40 Munsingwear #415 - suetch style Ties - biack, 4-in-hand, or snap-on style �l7- i15� A1 � . 1 Salary ranges applicable to tittes covered by this Agreement shall be as shown below: Effective Decem6er 21, 1996: Two percent {2.0%) increase Effective July 19, 1997: One-half percent (0.5%} i�crease Effective December 20, 1997: Two-tenths percent (02%} increase 12/21/96 07l19/97 12/20/47 GRADE 041 FIRE DISPATCH SUPERVISOR A B C D E F (�) (2) ( (d) (5) (6) 1686.73 1770.04 1857.55 1931.69 2029.43 2110.85 1695,16 1778.89 1866.84 194135 2Q39.58 2121.a� 1698.55 1782.45 1870.57 1445.23 2043.66 2125.64 APPENDIX B: BIWEEKLY RATES GRADE 044 ASSISTANT FIRE MARSHAL 12/21l96 07/19/97 ] 2I20/97 1796.96 1805.94 1809.55 1885J0 7978.93 2057.92 2162.04 2248J9 1895.13 3988.82 206811 2172.85 2260A3 ]898.92 7992.80 207235 2I77.20 2264.55 GRADE 045 EMERGENCY PREPAREDNE5S COORD 12121J96 07/ 19/97 12J20/97 1828.44 1837.58 1841.26 1918.74 2013.61 2093.98 2199.93 228821 1928.33 2023.68 2104.45 2210.93 2299.65 1932.19 202'7.73 2108.66 221535 230415 GRADE 046 CHIEF FIRE INVESTIGATOR F1RE COMMUNICAT`IONS CHIEF FIRE DISTRICT CHIEF FIRE TRAINING OFFICER 12/21l96 07J19l97 12l20J9? 12l21l46 07l19l47 12/20197 1968.19 2065.40 2167.50 2254.03 2368.07 2463.09 1978.03 2075.73 217834 226530 23?9.91 2475.41 1981.99 20'79.88 2182.�0 2269.83 2384.67 248036 2131.56 214222 2146.50 GRADE 049 DEPUTY FIRE CHIEF EMER PARAMEDICAL SERV CHIEF FIRE MARSHAL 2236.81 2347.40 2441.Q9 2564.62 2667.51 2247.99 2359.14 2453.3� 2577.44 2680.85 2252.49 2363.86 2458.21 2582.54 2686.21 �.�� ° t'� � � �5G 10-YR. 15-YR. ��? � 2219.46 2Z73.78 223a.56 2285.15 2235,02 2289.72 2364.48 242236 2376.30 2434.47 2381.05 2439.34 2405.91 2464.82 2437.94 2477.14 2422.78 2482.09 2589.80 2653.19 2602.75 2666.46 2607.96 2671.79 2804.75 2873.40 2818.77 2887.17 2824.41 2893.55 Council File # qR-1}�(� �� .� �..; r , i .. ? ,' � PAUL, MINNESOTA Green Sheet # 35896 7 Preserned b; Refened To 1 ►� 3 Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1997 Collecfive Bazgaining Agreement between the City of Saint Paui and the Saint Paul Fire Supervisory Association. Requested by Department of: Office of Labor Relations By: 1 ��L��'� - -� Form App oved by C' ttorney By: —�� `��I �� by Council Approved by Mayor: Date 1 Ji ti, (�'�' Approve by M or r Submi s n� cil By: m �( � /f� "' _� , By: �— Adopted by Council: Date (�¢�_1 \ ��"�_ � DEPARTMENTlOFFICElCOUNCIL: DATE INTTIATED GREEN SHEET No.:35896 q�—�`S6 LABOR RELATIONS Q9/08/97 COATACT PERSON & PHONE: WI7'lAUilATE W11'uunA7'E JiJLIE KRAUS 266-6513 �r �GN � DEpq}L1 DIR. � 4 CI'i'1 CAUNCIL NUMBER 2 CITY ATIORNEY � CITY CLERK MUST BE ON COUVCIL AGENDA BY (DATE) F�R BUDGE7 DIR FIN- & MG'I. SERVICE DIR. ROIJTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNATORE PAGES,i (CLIP ALL LOCATIONS FOR SIGNATURE) acnoN �QU�sren: This resolufion approves the attached 1997 Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Fire Supervisory Association. RECOMMENDATIONS: Approve (A) or Reject (A) PERSONAL SERVICE CONTRACCS MUST AIVSWER TE[E FOLLOWING QUESTIONS: PLANNING COMM(SSTON CIVIL SERVICE COMM[SSION 1. Has ihis persoNfirm ever worked under a contract for ihis depamnent? CID COMMITI'EE Yes No STAFP 2. Hu this person/firm ever been a city empSoyte? DISTRICT COURT Yes No S13PPORTS Wk�CH COIINCIL OBSECTIVE? 3. Does this pasoNfimt possess a skill not nom�ally possessed by any wrtent ciTy employee? Yes No Expiain all yes answers oo separate sAeet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORT[JNI7"1' (Who, What, When, WAere, Why): ' nnvnNracES tF nrrxovEU: An Agreement in place through December 31, 1997. DLSADVANTAGESIFAPPROVED: NOrie. � Le �� F: � y � �� .Y��a �" $�� ia�7 nrsnnvnr*rnsES iF NoT nrrxoven: No settlement reached. Parties would be subject to inteFe�st°arbitration to settle disputes on terms of agreement. TOTAL AMOUN'P OF TRANSACCION: COST/AEVENUE BUDGETED: FONDING SOURCE: ACI`IVST'Y NUMBER: FINANCIAL LNFORMATION: (EXPLA(N) R'1-1.�5 l� DURATION This contract will be effective January 1, 1997 through December 31, 1997. Below represents the changes for the 1997 Collecrive Bargaining Agreement between the City of Saint Paul and the Saint Paul Fire Supervisory Association (SPFSA}, 1. ►� WAGES Effective Ol/01197: 2.0% base wage increase Effective OS/01197: 0.5% base wage increase. Effective 12f31197: 0.2% base wage increase. AT'I`ACHMEN'I` TO GREEN SHEET 1997 Saint Paul Fire Supervisory Association 3. ACTIVE HEALTH INSURANCE Below are the City contribution levels to health insurance premiums for active employees. The City wiil return any unused benefit dollazs to the employee. Single Family � IJ 1197 $300.00 No increase $368.82 Represents 50°!0 of the increase MILEAGE Establishes a new artacle adjusting mileage by $.OS/mile to $.20 per mile and parking by $1.00 per day to $4.00 per day over the rate established by resolution. This brings the SPFSA in line with other bargaining units. F:�I.ABREL\CONTRACTIFIRESUPW 997WTTACH97 ,� ,;, �. �- �'T ��5 �. _ ��:�= _ - -, . =_ � r = _. ' � = - � - - .� - ,_,. , ,. '- � ,.� -. ` 1997 A:GREEME�VT - , . .. �_ �_ , . , _. � v .,,� . - � � - . �� v.,- _ - . -.,_. �_ - h � � __ �� tietween' - ° . , _ , _ �. . YE `; � - ;'�HE GI�I' OF �z�Ii�TT EAIJi, x ' , , J < : . > p- _ � � ! qz -'dllf� , � ,� , $ S 1 ;. ,, ;, �. bY ,��<: � �- ,5; X � . , �. .. n F . 4 y � _ . i. _ � � � F. � 5 .� ; �. .. .-_ i . � _ . .. -.� . Y-. Y 9?-115� � �` � .� ARTICLE TITLE PAGE 1 Furpose ..............................................i 2 Definirions ............................................i 3 Recognition ...........................................2 4 Security ..............................................3 5 Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Savings Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Uniform Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Legal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Seniority .............................................7 11 Ca1lBack .............................................7 12 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Vacation .............................................il 14 Holidays .............................................i2 15 Sick Leave and Parental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 • 16 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 Wages ..............................................15 18 Residence ............................................i6 19 Incapacitation . .................................... .... 16 20 Drug and Alcohol Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 21 Overtime ............................................20 22 DiscSpline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 23 Position Openings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 24 City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 25 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 AppendixA ..................................... A1 AppendiYB ......................................Bl i � . . .. �'�-d��a l, i The Employer and the Saint Paul Fire Svpervisory Association (SPFSA) agree that the purpose of entering into this Agreement is to: 1.1.1 Achieve orderly and peaceful relations,thereby establishing a system of uninterrupted operations and tha hig�estlevel of perfarn,ance that is consistent with the well being of atl concemed. 1.1.2 Bstablish the full and complete understanding of the parties conceming the terms and conditions of this Agreement. 1.1.3 Establish procedures to orderly and peacefully resolve disputes as to the appiication of interpretation of this Agreement. 1.1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of rlus Agreement. s' � t � 2.1 2.2 . 2.3 2.4 2.5 2.b 2.7 Association: Saint Paul Fire Supervisory Association (SPFSA) Employer: The City af Saint Paul Association Member: A member of Saint Paul Fire Supervisory Association (SPFSA). Employee: A member of the exclusively recognized bargaining unit as certified by the State Bureau of Mediation Services in Case No. 78-PR-1056-A dated August 1, 1918. Vacancy: As determined hy the department head, a funded position opening in a class specified in Article 3.2. Position: Any specific o�ce, employment or job in the Fire Department in a class specified in Article 3.2. Tour of Duty: A. For a fifty-six {56} hour work week employee: The performanc� of job duties and acceptance of the responsibilities of a position for a consecutive and uninterrupted twenty-four (24) hour period from 8:00 a.m. on a calendar day to 8:00 a.m. on the following calendar day. B. For a forry (40} hour work week employee: The performance of job duties and acceptance of the responsibilities of a position for a cansecutive and uninterrupted eight (S} hour geriod within a calendar day. 1 �i_ 1 � � �� •� C. Notwithstanding B above, empioyees assigned to a forty (40) hour work meek . may, through mutual agreement with the Emp2oyer, work schedales other than schedules limited by B above. Overtime compensation for empIoyees working under sucfi agreements shall be subject to the provisions as set fortii by the Fair Labor Standards Act. 2.8 Department: The fire department of the City of Saint Paui as established and amended from time to time pursuant to Sec6on 9.01 of the City Charter. 2.9 Overtime: Work performed by an Emplaya in excess of the Employee's tour of duty by order of the Employer. 2.10 Overtime Pay: For employees assigned to a fifty-six (56} hour work week, overtime pay, for the purpose of Article 21, will be based an a fifty-six (56) hour work week. For employees assigned to a forty {40) hour work week, overtime pay, for the purpose of Articie 21, wili be based on a forty {40} hour work week. • ' L_ �i lM_ • � 3.1 The Employer recognizes ihe SPFSA as rhe exclusive representative for Yhe purpose af meeting and negotiating the terms and conditions of employment for supervisory Fire � Department persoaneI. 3.2 7ob ciasses which are within the bargaining unit and covered by this Agreement are as follows: Assistant Fire Marshal Ciuef Fire Invesugator Bepury Fire Chief District Fire Chief Fite Communications Chief Fire DisgatcH Supervisor Emergency Paramedical5ervices Chief Emergency Prepazedaess Coardinator Fire Mazshal Fire Training Officer 3.3 In the event the Bmptayer and the Association aze unable to agree as to the i�lusion or exclusion of a ffiw or modified job position, the issue shall be submitted to the Bureau of Mediation Services for determination. � : �: 4.1 The Employer shall deduct from the wages of Employees who authorize such a . deduction in writing an amount necessary to cover monthiy Association dues and assessments. Slich monies shall be remstted as directed by the Association. 97-I15S. 4.2 The Association may desigraate Emplovees from tY:P bargainiag unit to ac? as stewards and shatl inform the Employer in wrifing of such choice. 43 T'he Association agrees to indemnify and hold the Employer harmiess against any and all claims, snits, arders or judgments brought or issued against the city as a result of any action taken or not taken by the city under the provisions of this article. 4.4 The Association agrees that an administrative service fee of fifty cents ($0.50) per member per month shall be deducted by the City of Saint Paui. •T�� . ; � y , � .�r� 5.1 1'he SPFSA recognizes the prerogatives of the Employer to operate and manage iu affairs in aIl respects in accordance with appiicable laws and regulations of apprapriate authorities. The prerogatives and authority which the Employer has not o�cially abridged, delegated or modified by this Agreement are retained by the Employer. . 5.2 A pubtic employer is not required to meet and negotiate on matters of inherent managerial policy, which include but are not limited to, such areas of discretion of policy as the funcuons and programs of the employer, its overall budget, u6lization of technology, and organizationai structure and selection and direcrion and number of personnel. ' � �1 •• r �. 6.1 DEFINITION OF GRIEVANCE: A grievance is defined as a dispute or disagreement as to the interpretation or app3ication of the specific terms and conditions of the Agreement. 6.2 SPFSA REPRESENTAfiiVES: The Empioyer will recognize representatives designated by the SPFSA as the grievance representatives of the bazgaining unit having the duties and responsibilities established by this Article. The SPFSA shali notify the Employer in writing of the names of such SPFSA representatives and of their successors when so designated. 3 � '1 '•� 1 ��_ �� •� 63 PROCF,SSING OF GRIEVANCE; It is recognized and accepted by the SPFSA and . the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employee and shall therefore be accomplished during normal working hours oniy whea consistent with such Employee duties and responsibilicies. The aggrieved Employee and the SPFSA shall be aliowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Emgioyer during normal morking hours provided the Employee and the SPFSA representatives have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimen[ai to the work program of the Etnployer. 6.4 PROCEDURE: Grievances, as defined by Section 5.1 shall be resolved in canformance with the foilowing pracedure: Sten 1 An Empioyee claiming a violation coucerning the interpretation or appiication of the Conuact sha1F within twenty-one (21} calendar days afrer such alleged violation has occurred present such grievance to the Fanployee's supervisor as designated by the Employer. The Employer designated representative will discuss and give an answer to such Steg 1 grievance within ten (IO) calendar days after receipt. A grievance not reso2ved in Step i and appealed ia Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Contract allegedly violated � the remedy reqnested, and shali be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final ansu+er in Step i. Any grievance not appealed in writing to 3tep 2 by the SPFSA within ten {10) calendaz days shall be considered waived. Steo 2 If appealed, the written grievance shall be presenced by the SPFSA, and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the SPFSA the Employer's Step 2 answer in writing within ten (10} caiendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to �tep 3 within ten {70) calendar days following the Empioyerdesignated representative's Step 2 answer. Any grievance not appealed in writing to Step 3 by SPFSA within ten (10) calendar days sha12 be considered waive@. Sten 3 If appealed, the written grievarcce shall be presented by the SPFSA to, and discussed with the Empioyer-designated Step 3 representative. The Employer-designated representative shail give the SPFSA the Employer's answer in writ'sng within ten {10) calendar days after receipt of sueh Step 3 grievance. A grievance not resolved in Step 3 may be appesled by the SPFSA to Step 4 within ten (10) calendar days following the Empioyer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the SPFSA within ten (10) calendar days shal2 be considered waived. � �, � , �, _ •. g'•�� 5� 1. If the grievance has not been satisfactorily resoived at Step 3, either the tinion � or the Employer may, within ten (IO} calendar days, request mediation. If the parties agree that the grievance is suitahle for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services for the assgnment of a r:�e3iator. Grie��ance mediation sha�l be completed witr�i.^, :,�:irry (30) days of the assignment unless the parties mutuaily agree to lengthen the time limit. 2. Grievance mediation is an optional and voiuntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to arbivation shall be delayed for the period of inediation. The grievance mediation grocess shall be informai. Rules of evidence shali not apply, and no record shal] be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and argument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. 4. At the request of both parties, the mediator may issue an oral recommendation far settlement. Either pazty may request ihat the mediator assess how an azbitrator might rule in this case. ` 5. The grievant shaIi be present at the grievance mediation proceeding. If the grievance is resolvetl, the grievant shall sign a statement agreeing to accept the outcome. Uniess the parties agree otherwise, the outcome shali not be precedential. 6. if the gr'sevance is not resolved and is subsequently moved to arbivation, such proceeding shall be de novo. 3�iothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or refened to during arbivation 5ten 4 A grievance unresolved in Step 3 and appealed to Step 4 shaii be submitted to arbitration subject to the provisions of ihe Public Employment Labor Relations Act of i971. The selection of arbitrator shail be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the R►blic Employment Reladons Board. 6.5 ARBITRATOR'S AVi'AORITY: The arbitrator shall have no zight w amend, maiify, nuliify, ignore, add to, or subuact fzom the terms and conditions of the Agreement. The arbivator shall consider and decide oniy Lhe specific issue(s) submitted in writing hy the Emp3oyer and the SPFSA, and shall have no authoriiy to make a decision on any other issue not so submitted. 5 F�=..�t1il��e�:i_�aliFf�Z • � � J:_ � � � 6.6 The azbitrator shalI be without perwer to make decisions contrary to or inconsistent with � or modifying or varying in any way the applicatian of 1aws, rules or regulations having the force and effect of taw. The arbitrator's decision shatl be submitted in writing within tturty (30) days following the close of the heazing or the submission of briefs by the parcies, whicheveris later, uniess the parties agree to an extension. The decision shat2 be based solely on the arbitrator's intergretarion or application of the express terms of tiris Agreement and to the facts of ihe grievaace presented. 6.7 'fhe fees and expenses for the azbitrators' services and proceedings shali be borne equaiiy by the Emgloyer aad the SPFSA, provided that each garry shall be responsible for compensating its own representatives and witnesses. If either garty desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record, ff both parties desire a verbatim record of the proceedings, ihe cost sha12 be shazed equaily. 6.8 WAIVER: If a grievance is not presenied within the time limits set forth above, ii shali be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof w'sthin the specified time limiu, the SPFSA may elect to ueat the grievance as denied at that step and immediately appeal the grievance to ttie next step. The time limit an each step may be eztended by mutual written agreement of the � employer and the SPFSA in eack step. 6.9 RECORDS: All documents, communications and records deating with a grievance shalI be filed separately from ihe personnel fiIes of the involved empIoyee(s). I 7.1 This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Saint Paul. In the event any provision of ihis Agreement shail be heid ta be contrary to iaw by a couri of competent jurisdiction from whose final judgment or decree no appeai has been talcen within the Lime provided, such provisions shall be voided. Atl other provisions shall continue in full force and ef€ect. The voided provision may be re�gotiated at the written request af either party. �' J�LI �� .;_� 8.1 The I972 base of One Hundred Twenry Dollars ($I20.00) as a clothing allowauce on a voucher system wiil be increased January 1, 1974, and each year thereafrer on the basis of a yearly study of the increased cost of the defined uniform. The 1472 base cost of the uniform is stipuiated and attached as Appe�lix A. C 97-t� 5` �RTICLE 8 - LJ�IFdR'�7 ALL�V4'A'tiCE (Coutimsed) • 8.2 It is further understood that employees covered by ihis Agreement shall receive a clothing allowance which is Thirry ($30.00} doltars greater than that provided by Anicle 8.1 of tIris Agreement. . . 9.1 Except in cases of malfeasance in office or willfui or wanton neglect of duty, the Employer shall defend, save haimless and indemnify an Emplayee, and/or hislher estate, against any claim or demand, whether groundiess or otherwise, arising out of an aileged act or omission occurring in the performance and scope of the Employee's dvties. 9.2 Notwithstanding Article 9.1, the employer shall not be responsibie for paying any legal service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. ' 1 E�i 10.1 Departuient Seniority: For the purposes of this Agreement seniority shall be defined as the length of continuous and uninterrupted employment in the fire department. 10.2 Loss of Department Seniority: An Employee will lose acquired deparnnent sen'sority . in the foliowing instances: iQ.21 Resignation 10.2.2 Discharge 10.2.3 Retirement 10.3 Work Force Reduction: in ihe event of a reduction in rhe department work force, such reduction shali occur in accordance with Section 22 of the Civil Service Rules as of the date of the signing of this Agreement. 10.4 Reduction in Rank: Reduction in rank shall be in accordance with the Civil Service Rules as of the date of the signing of this Agreement. {Except as indicated below) 10.4.1 Reduction in rank for periods up to but no more than 30 conse�utive calendar days will be by platoon seniority. 10.4.2 Reduction in rank for more than 30 consecutive cale�ar days shall be in accardance with the Civil Service Rules as of the date of the signing of this Agreement. . � . ;. i i. i Employees required by the Empioyer to report for work during off-tiuty time wiIl be compensated at the overtime nte in accordance with Article 2.10 of this Agrcemern. ?'he minimum paymem under this Article will be four (4) times the Employ�'s hourly rate. An early report of two (2) hours or less, or an extension of a normally scheduied tour of duty, shali not qualify an Employee for this minimum payment. 7 ►�' i i, � • . +� � 12.1 The insurance plans, premiums for coverages, a� benefits contained in the insurance • plans offered by Lhe Employer shall be solety controIled by the cantracts �gotiated by the Employer and the benefit providers. The Empiayer will aaempt to prevent any ct�anges in rhe benefits offered by the benefrt providers. However, the emp2oyees se2ecting the offered plans agree to accept any changes in benefiu which a specific provider impiements. 12.2 Effective for the Januazy 1, 1947 insurance covenge, the Employer will contribute $300.OQ per month to eligibie empioyees who seleci single health insurance coverage. The Emplayer wiil contribute $368.82 per month to eiigible employees svho select family health insurance coverage. 12.3 Under the "Cafeteria Plan" full-time, efigibie empioyees, must select at least single health insurance coverage and employee life insurance in an amount of $5,000. It is understood that these mazidatory caverages may not be waived. Any unused portion of the Employer's contribution for which an employee is eligible is defined as unused benefit dollazs, not satary, and shall be paid to the employee as taxable income. Such payment will be made during ihe moath of December for the insurance year. For employ�s who terminate their employment with the City of Saint Paul, such payment shall be made within 90 days following termination. Aowever, an empioyee whose spouse is also employed by ihe City of St. Paul and is - e2igible to participate in the ciry's health insurence plan will not be required to select the mandatory health insurance coverage as long as one of the spouses is participating in the city's health insurance plan with family coverage. The mandatory life insurance coverage continues to apply. In this event, oniy the difference between the cost of the mandatory life insurance and the employer contnbution auiount for singie health insurance coverage sha11 be eligble for payment as unused benefit dollazs 12.4 Under the "Cafeteria Plan," employees covered by this agreement wili be eligible to participate in the Flexible Sperniing Accounts offered by the Emptoyer. The service fee charged for employees participating in the Dependent Care Account wiIl be paid by the Employer. The service fee for employees garticipating in the Medical Expense Account will be paid by tlte employee. C�rv3aor I��r�nce 12.5 In the event of the death of an active empioyee, the dependents of the employee shall have the option, within thirty (30j days, to wntinue the atrrent hospitalization and medical benefits, includiag such glan improvements as may be made from time to time which said dependenu previously had, at the premium and Employer co�ribntion applicable to eligible ear2y retirees. The date of death shall be considered to be the date of retirement. 0 ARTIGLE 12 - I!�rSL'RANCE (Cantinued) In the event of the death of an eazly retiree or a regular retiree, the dependents of the � retiree shatl t�ave the option, within thirty (3Q) days, to continue the current hospitalization and medical benefiu which said dependenTS previously had, at the premium and Employer contribuuon accorded to Yhe eligibie deceased retiree. In the event of the death of an empioyee killed in the line of duty, the EmpIoyer wiii conttibute 100% of the premium for either single ar family heaIth insurance coverage for eligible dependents. An eligible dependent who is not enrolled in the City's health insurance progrem at the time of the employee's death will have an op6on to enroll at the next annuaI open enrollment period. It is understood that such coverage shall cease in the event of: 12.5.1 The subsequent remarriage of the surviving spouse of the deceased employee or retiree. 12.5.2 The employment of the surviving spouse where hospital insurance coverage is obtained through a group program provided by said Employer. However, it is further understood that in said event, the surviving spouse shail have ihe right to maintain City health insurance coverage for the first ninety (90) days of said employment. Retiree Incurance • 12.6 Employees who retire must meet the foliowing conditians in order to be eligible for Employer conuibutions listed in Articles 12.7 through 12.1d below towazd a health insurance pIan offered by the Employer: 12.6.1 12.6.2 12.6.3 12.6.4 Be receiving benefits from a pubiic empioyee retirement act cavering employees of the City of Saint Paul at the time of retirement, and Have severed hislher relationship with the Ciry of Saint Paui under one of the retiree plans, and i�ave completed at least ?A years of service with the Ciry of Saint Paul ar be receiving a disability pension from the City of Saint Paul, and Have severed hislher relationship with the Gity of Saint Paul for reasons other than an involuntary termination for misconduet. 97 �5� � - _ . . __ �1RTICLE 12 - IN�URANC'F (Retiree Insurance continued) 12.7 This Article shall appiy to employees who: 12.7.2 Retire on or after January 1, 1996, and 12.7.2 Were appointed on or before December 31, 1945, and 12.7.3 FIave not attai�d age 65 at retirement, and 12.7.4 Meet the terms set forth in Articie i2.8 above, and 12.7.5 SeIect a heaith insurance plan offared by tt►e Emgioyer. Untii such retirees reach sixty-five (65} years of age, the Employer agrees to contribute a maximum of $350.00 per month towazd the premium for single ar fami2y health ins coverage. Any unused portion of the Employer's coniribution sha11 not be paid to the retiree. When such early retiree attains age 65, the provisions of Articie 12.4 shall apply. 12.8 This Article shall appIy to employees who: 12.8.1 Retiree on or after Januazy i, 1946, and 12.8.2 Were appointed on or after January l, 1496, and 12.8.3 Have not attained age 65 at retirement, and 22.8.4 Meet the terfns set forth in Articie 12.8 above, and 12.8.5 Select a health insurance plan offered by the Employer. tintil such retirees reach sixty-five years (65) of age, tt►e Employer agrees to contribute a maximum of $300.00 per month toward the cost of single or famity heaith insnrance coverage. Any unused portion of the Employer's conuibuxion sha2i not be paid to the retiree. When such eazly retiree attains age 65, the provisions of Articie 12.10 shall apply. Regular Retirees (Age 65 and over) 12.9 This Article shall apply to employees who: 12.9.1 Retire on or after 7anuary 1, 1994, and 12.9.2 'Were appointed prior to January 1, 1996, and 12.9.3 Have attained age b5 ai retirement, and 12.9.4 Meet the terms set forth in Article 12.8 above, and 12.9.5 Select a heaIth insurance pian offered by the Employer. The EmpIoyer agrees to contribute a ma�mum of $550.00 per month toward the premium for singie or family heaith insurance coverage offered to reg�ilaz retirees and their dependents. Any unused portion of the Employer's contn"bution shall not be paid to the retiree. 'i'his Artic}e sha11 also agply to early retirees who retired under the provisioas of Article 12.7 when such early retiree attains age 65. i I' L— i0 ARTICLE 12 - P.VSITRANCE (Regular Retirees continued) 12.10 This Article shall apply to emp3oyees who: � 12.1Q.1 Retire on or after January 1, 1996, and 12.14.2 Were appointed on or after 3anuary 1, 1996, and 12.10.3 Ha��e attained a�e 65 at retirement, and 12.10.4 Meet the terms set forW in ArticIe 12.8 above, and 12.1Q.5 Select a health insurance plan offered by the Employer. ��-� ►s� The Employer agrees to contribute a maximum of $300.00 per month ioward the premium for single or family heaith insurance coverage offered to regular retirees and their dependenu. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Article shail also apply to early retirees who retired under the provisions of Art'scle 12.8 when such eariy retiree attains age b5. 12.11 The conuibutions indicated in this Article 12 shall be paid to the Employer's third party adminisuator or designated representative. . •• �� 13.1 In each fiscal yeaz, each Full-time empioyee shall be granted vacation according to the following schedule: Years of service 56 hour Emalovees lst year thru Sth yeaz 112.0 hours * 6th yeaz thru 15th yeaz 168.0 hours ** 16th year thru 25th yeaz 235.Q hours *'�* 26th yeaz and beyond 246.4 hours •"* * (2 x designated work week) *'� (3 x designated work week) *** (4.2 x designated work week) ****(4.4 x designated work week} 40 hour Emolovees 112 hours (14 days) (.0539) 160 hows (20 days) (A�69} 200 hours (25 days} (.0962) 208 hours (26 days) (.1000) 13.2 The department head may permit Empioyees to carry over into the foliowing fiscal year, vacation time equivalent to three work weeks. i�acarion s�hedules shall be fixed by the deparnnent head. An Emgloyee not working futl-time shatl be granted vacation on a pro-rata basis. 11 �FFTI�LE 13 - VACATIQN {Coutinued} 23.3 Employees separated from employment by reason of resignation shall be granted such � vacation pay as kas been earned and remains unused at the time of separation, provided notification of resignation has been sent to ihe department head, in writing, at least fifteen (IS) calendar days prior to the date of resignation. Employees sepazated from empioyment by reason of discharge, retirement, or death shall be granted such vacation pay as has been earned and remains unused at the time of separarion. Employees granted more vacation time than earned at the time of separation from employment shall pay the Employer for such unearned vacation. , `• �; 14.1 In addition to what is pmvided in Saint Paul Ordinance No. 6446, add one additianal ffoating holiday which is to be added to the vacation scheduIe by increasing vacation bp .2 (two-tenttis) times the namber of honrs designated as the work week. 14.2 Effecdve 1486 and in addition to 14.1 above, add one additionat holiday (Martin Iuther King Day) to the vacarion schedule by increasing vacation by .2 (two-tenth) times the number of hours designated as the work week. 14.3 In addition to what is provided in Section I4.1 and 14.2 above, and the St. Pau1 Ordinance No. 6446, add one additionat tour of duty holiday. In each yeaz of this agreement, this tour of duty Holiday may, at the option of the empioyee: (i) Be added to the employee's vacauon schedule, or {2} the employee may choose to receive � payment at his regulaz rate of pay in lieu of taking time off on the additiona[ tour of duty Holiday provided herein. If the Employer has not received and approved an employee's request for lus/her additional tour af day Holiday time off by November 15 of each caIendaz year, such employee can only receive payment at the regulaz rate of pay and can no longer elect to take time off for rhat calendar year. Such payment shall be made no later than the last regulariy scheduled pay day of that calendar year 14.4 For those employees assigned to a work week other ihan Monday through Friday, the ho2iday shall be observed an the calendar date of the holiday. 14.5 Eligibiliry for Holiday Pay and Fioating Holidays shall be in accordance with Section 1 (one) Slibsection I of the Salary PIan and Rates of Compensaflon Resolution. 12 ARTICLE 1� - SICK LEA�'E AND PAREtiT�L LEA�'�' 15.1 Sick leave shall be earned and granted in accordance wiffithe Civil Service RuIes. G !?-ti�o . 15.2 In the case of a serious iliness or disability of an empioyee's chiid, parent or househoid member, the head of the department shal} grant leave with pay in order for the employze to care for or make arran�emenu for the care of such sick or disabled persons. Suck paid leave shall be drawn from the empioyee's accumulated sick leave credits. Use of such sack leave shall be limited to the number of hotus designated to be the empioyee's work week per incident. 15.3 Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, may be granted one day of sick leave to attend the funeral of the employee's grandparent or grandchild. 15.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighry days, heJshe may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. No employee may convert more than ten (10) days of sick leave in each calendar year under this provision. 15.5 Materni and Parental Leave. Pregnant employees of the City of Saint Paul shall be eligibie for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill Ciry employee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is disabled . in terms of her ability to perform the duties of her position. A tweive (12) month Parental leave of absence without pay sha11 be granted to a natural parent or an adogtive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an a@ditional tweive (12) months by mutual agreement between the employee and the Employer. Refusal on the part of ffie Empioyer to grarn an extension of such leave shail not be subject to the provisions of ArCicle 6 of this Agreement. Employees who return foilowing such leaves of absence shall be placed in a pasition of equivalent salary and tenure as the oire held just prior to the beginning of their leave. . . ._, � .__ 16.2 Effective 3anuary i, 1990, the employer shall provide a severance pay program as set forth in this Article 15. 16.2 To be eligible for the severance pay program an employee must meet the follawing requirements: 13 ARTICLE �6 - SEVERA�'CE PAY (Continued) 26.2.1 The empIoyee must be vo2nntarity separated from City emgloyment or have • been subject to separation by iay-off or compuisory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligibie for the City Severance pay program. 16.2.2 T'he emgloyee must fite a waiver of reemployment with the Human Resources D'uector, which will clearly indicate ihat by requesting severance pay, the emp2oyee waives all claims to reinstaxement or reempioyment (of any type), with the Ciry or with Independent SchooI District No. 625. 16.2.3 The employee must have an accumulated baIance of at least eighty (SQ} days af sick leave credits at tfie Eime of his separarion from service. I6.3 If an empioyee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amounf equal to one-haif of the daily nte of pay for the position held by the employee on the date of segaration for each day of accrued sick leave subje�t to a maximum as shown beiow based on ihe number of years of service witii the City. Years of Service Maximum � with the Citv S�veraace Pav At ieast 20 $ 5,000 21 6,400 22 7,000 23 8,U00 24 9,000 25 10,000 However, any empioyee separated from City employment on or after 7anuary 1, 1992 who has an accumulated balance of at least one tt►ousand eight hunclred fifty (I,850) hours of sick leave credits and at least twenry-five (25) years of service at the time of his/her separadon from service shall be granted severance pay in the amount of tttirty thousand dollazs {$30,000). Employee with twenry (20) or more years of service who is ruied disa6led and is receiving a disabi2ity pensioa and who has 185d hours of accumulated sick leave shali be allowed the maximum severance benefit of $30,000. The manner of payment of such severance pay shall be made in ihree consecutive annual payments of ten thousand @ollars ($l0,OQ0) each. The annual paymenLS shail be made in February of each year. The first payment shail be ruade during the manth of fiebruary in the year following the year in wkich the empIoyee separates hisfher employment. 14 �.RTICLE 16 - SEVERANC� PAY (Continnedl 97-1�� 16.4 For the purpose of this severance p*ogram, a deatfi of an employee sbali be considered . as separation of employment, and if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. Ib.S For the purpose of this severance program, a transfer from the City of Saint Paul empioyment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. . 16.6 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 1149Q. 16.7 The manner of payment of severance in amounu of ten thousand dollars ($10,000) or less shall be made in accordance with the provisions of City Ordinance No. 11490. I:\ �0�y=�1�I►II`J; Lef �f.� 17.1 When the 1944 rates for F'ue Captain Pazamedic are determined, the steps in the 1994 salary range for District Fire Chief shall be adjusted to reflect a fifteen percent (15%) differential above the corresponding step in the 1994 salary range for Fire Captain Paramedic. The 1494 Fire Captain Paramedic rates on which the 15% differentiai is based shall not include any amount that has been added w the Fire Captain Paramedic's rate in lieu of an Employer's insurance contribution. This same process shall be repeated to determine the fu�al 1995 and 1996 rates for the Litle of Disuict Fire Chief. The biweekiy rates for titles other than District Fire Chief covered by this Agreement shali be adjusted each year to reflect the percent as shown beiow of the 1994, 1995 and 1996 rates applicable ta the tide District Fire Chief. TITLE Fire Dispatch Sugervisor Assistant Fire Marshal Emergency Prepar�ness Coordinator Fire Communications Chief Fire Training Officer Chief Fire Investigator Deputy Fire Chief P'ue Marshal Emergency Paramedical Service Chief PERCENT of DISTRICT FIRE CHIEF 85.7� 91.3% 92.9 % 100.0� 100.0% 100.0� 108.3 °lo 108.3 % 108.3% 15 AI2TICLE 17 - WAGES (Continued) Such adjustments shall be effecrive on the first day of the first payro2l period of the � respective year. The wage schedule for the purpose of this Agreement shalI be Appendix B attached hereto. 17.2 Any Fire Captain assigned as a pazamedic with 15 years of service who is promoted to District Fire Chief shall begin at the 10 year step effective January 1, 1994. �._ 1� � �_, 18.1 The residency requ'uemeau as passed bq the City Council on December 30, i983, under Council File No. 279643, shalt apply to ai1 empIoyees covered by tlus Agreement. • � � Y_. ��I 19.1 Employees injured during the covrse of employment and thereby rendered incapable of performing job duties and responsibilities shali receive ful2 wages during the period af incapacity, not be exceed the period equal to twelve (12) months pIus accumulated sick Ieave. It is understood that in such cases, the iweive (12} month period shall first be utilized and only wken same is exhausted shali accumuIated sick leave be applicabie. � 19.2 Employees disabled through injury or sickness other than specified in Section 19.1 above shall receive full wages for a period equal to accumulated sick leave, pins six (6) months as provided hezein. It is understood that in such cases, accumulated sick leave sbalt first be utilized before the six (6} months, or any part thereaf, shall be appIicabie. It is further understood that the si� (6) month period shall be availabie to members in this unii oniy in those years where the last avaiIable Annual Report of the City Civii Service Office shail show average sick leave used per member of the Saint Paul Fire Deparuuent (based on the 1972 AnnuaI Report method of calculating same), of ei$ht (8} days orless. i9.3 Employees injured or iffiagacitated by �llness in the line of duty shaIl be entitled to reinstatement at any time within five (5) years firom the date of uyury ar incapacity �Srovided they are physicalIy capable of resuming their job. 19.4 Ea:cept as spec�catIy provided in this Aracle, all illness and incapaciry ruies and poiicies previously in effect sha11 continue. 16 ARTICLE 20 - DRUG A.�TD ALCQH�L TESTPtiG ��-�� 5� 20.1 Poticy: The Fire Department recognizes illegai drug and alcohol usage as a threat to � ihe public welfare and the employees of the department. Thus, the Fire Department wili take the necessary steps, including drug and alcohoI testing, to elnninate iltegal usage. It is the goal of this policy to prevent and rehabi2itate rather than tenninate the er,:plcyme�t of workers who are abusing drugs or alcohol. No member of the Fire Department shall be discharged for illegal drug or aicohol use without fust having been offered the opportunity to discontinue use either through personal choice or by treatment for chemical deperniency, if such treatment is needed. The Bnion agrees, at the Employer's request, to re-open negotiations of this Article during the term of this Agreement. 20.2 Informing Employees About Drug and Alcohol Testing: All employees will be fulIy informed of the Fire Department's drug testing policy before testing is administered. Employees will be provided with information concerning the impact of the use of drugs or alcohol on job performance. In addition, the employer shaU inform the employees of how the tests aze conducted, how weil the tests perform, mhen the tesu will be conducted, what the tests can deternune, and the consequences of testing positive for drug or alcohol use. All newly h'ued employees wi11 be provided with this information on their initial date of hire. Na employee shall be tested until this information is provided to him. 20.3 Employee Testing: No emgloyee will be tested for drug or alcohol abuse unless there . exlsts reasonable suspicion to believe that the empioyee to be tested is under the influence of illegal drugs or alcohol. Random or mass testing is prohibited. No such testing znay be conducted without the written approval of the o�cer in charge of the unit. The o�cer in charge mnst document in writing who is to be tested and why the testing was ordered. Failure to follow any of these procedures shall result in the elimination of the test resuits as if no test had been administered. The test results shall be desuoyed and no discipline shall be levied against the employee. 20.4 Urine collection shali be conducted in a manner which resulu in a legatly acceptable sample as well as providing a high degree of security for the sample, fre�dom from adulteration of the sample, the highest possible accuracy of the clinlcal resulu while at the same time preserving the digniry of the employee. Administrative procedures shali be such as to prevent the submission of fraudulent tests. When approgriate, biologic testing of the samples may be included as part of such adminisuative procedures. In testing which could result in employee discipline, i#'ihe test result is posirive, a split sample shail be reserved for indepernlent analysis which shall be performed at the request of the affected employee. Upon rec}uest, an euiployee shail be entided to the presenee of a union representative before testing is administered. 20.5 Testing Procedures: Aii sampies shall be tested for Chemical Adulteration, Narcotics, Cannabis, PCP, Cocaine, Amphetamines, Alcohol and Sedatives. The testing shall be done by a Selected Laboratory and the foilowing staudazds shatl be used: 17 Alcohol Drug Groun Amphetamine Cocaine metabotites Benzoylecgonine Drug Testing Staudards .02 concentra6on as showa by an analysis of nrine � �� tt' t� " �' �Y't ' tt t t' . � �' - �.��.�- .�� _ Lutiai Test levei nglmt 1,000 nglmt 1,000 ng/m1 300 ng/ml 13 ng/ml 300 nglml 30d ng/ml 25 ngJml 30Q nglml 1,000 ng/mi 3,000 ng/ml 1,000 ng/mi 300 nglml 300 ng/ml 300 ng/ml 30Q ng/mI 300 nglml Marijuana metabolites deIta-9-THG9-COOH {�piate metabolites Phencyclidine Barbimrates Benzodiazepine metaboIites Meihadone Methaqualone Propoxyphene Cadeine Total Morphine PCP Secobarbital Pentobazbital Phenobarbital Butabazbital Oxazepam Methadone Methaqualone Propoxyphene Norpropoxyphene . GC/MS Confu2nation 500 ng/mZ 500 ng/ml 1$0 IIg/Ii11 IS ng/mi 300 ng/mi 300 ng/ml 25 nglml 1,OOQ ng/ml 1,000 aglml 1,060 ng/ml 1,000 ng/mi �� : �� :�� 30Q nglml 300 aglml 300 ng/ml Any sample which has been adulierated or is shown to be a substa�e other than urine shall be reported as such. AII samp2es wlrich test positive �n a screening test shall be confirmed by gas ckromatography-mass spectrophotometry, and no records of unconfirme8 posirive tests shall be released or retained by the labaratory. Testing shall be conducced in a manner to insure ttiat an emgloyee`s legal drug use does not effect ihe test results. All results shall be evaluated by a suitably trained occupational physician or occupational nurse prior ta being reported. Test results shall be treated with t1�e same confidentiality as other employee medical records. The test resulu shall not be reported outside the F'ue Department. � ARTICLE 20 - BRUG A�� ALCO$QL 1'FSTIT�G (Continued) �(� l( 5 � 24.6 C6emicaf Dependency Progratn: Each person whose urine tesis positive for illicit � drugs shall be medically evaluated, counseled and tteated foz rehabilitation, if required. In addition, at any time an empioyee may volurnarily enter the chemicai dependency program without fear of disciplinary actions against him. Ttus Program is designated to provide care and treatment to employees who are in need of rehabilitation. Details concerning ueatment any empioye� receives at this Program shall remain confidential and shail not be released to the public. The employee shali be responsible for the cost of treatment. No employee shalt be relieved or transferred to other than his usual duties on the basis of one test result although the employee may be re-evaluated for his duty assignment. When undergoing treatment and evaluation employees shall receive the usuai compensation and fringe benefits provided at their assigned position. 2Q.7 Right of Appeal: Each employee has the right to chailenge the resulu of drag or alcohol testing in the same manner that he may gtieve any managerial acuon. 20.8 Duty Assignment After Treatment: Once an emgloyee successfully completes rehabilitation, he shail be retumed to his regular duty assignment. Employee reassignment during treatment shall be based on each individual's circumstances. If follow-up care is prescribed after treatment, this may be a condition of empioyment. . Once treatment and any follow-up care is completed, at the end of two years the records of treatment and posi6ve drug or alcohoI test results shall be retired to a closed medicai record. The employee shall be given a fresh siart wiih a clean adminisuative record. 20.9 ltight of Union Participation: At any time, the Union, upon request, will have the right to inspect and observe any aspect of the drug and alcohol testin$ program with ihe exception of individual test resulu. The Union may inspect individual test results if the release of this information is authorized by the employee involved. 20.10 Union Held ��armless: This drug and alcohol testing program is solely initiated at the behest of tlte employer. The Fire Department shall be solely liable for any legal obligations and costs arising out of the provisions and/or applica6on of this coilective bargaining agreement relating to drug ar aicohol testing. The Union shail be held harniless for the vioiation of any worker rights azising from the administration of the drug or alcohol testing program. 20.11 Contlict with Other Laws: This Article is in no way intended to supersede or waive an employee's federal or state consdtutionai righu. 19 , � . �_ 21.1 Empioyees required to work in excess of their assigned tour of duty will be � compensated at the rate of one and one-haIf (1.5) rimes the emgloyee's normal rate. Such compensation shatl be made in cash or in compensatory time at the option of the Employer. 21.2 The purpose of this section is to effectively etiminate tbree (3} Fire District Chief positions, i.e., those positions which have been traditionatly known as the pool of Fire District Chiefs. ' Beginning December 31, 1997 the employer may assign Fire Captains to perform the duties of Fire Districi Chiefs only in accordance mith subsections 2.1, 2.2, and 23 below. 2I.2.1 All Fire Ciuefs assigned and available for work on a shift aze working as Fire Deputy or District Ciuef. 21.2.2 The Department may assign Captains as out-of-tifle District Chiefs for any scheduIed absence (Scheduled absence, as used herein, is an absence that will be known when a segment schedule is prepared and distributed for ihe next, i.e., immediateIy following segment} Aowever, tfie out-of-titIe assignments wili not occur until Deputy and District Chiefs, as a group have scheduled or eamed, within the calendar year, $97,417 in overtime. This overtime wiIl be earned by filiing Deputy and Disirici Chief scheduled absences. i 21.2.3 The Association will detemiine the method and be responsible for disiribuiing the scheduled overtime tours of dury among ihe Deputy and Disuict Chiefs. This will be done to the satisfaction of the empioyer that qual�ed personnel are filling the positions. � �' 1�1 22.1 The Emplayer may discipline employees in any form listed below: Oral Reprimand Written Regrimand Suspension Demotion T'be Employer will discipline employees for just cause oniy and in accordance with the concept of progressive discipiine. Employees who aze discipiined pursuant to the terms of this Article may appeai the Emgloyer's disciplinary action through the grievance procedure set forth in Article 6 of ihis Agreement or to a Civil Service authority pursuant to the rules and procedures of such authority. �4 °�7-115� ART7CLE 23 - PC3StTF0'�' OPE�F�eGS � 23.1 To expedite the filling of vacancies under the civil service procedures, the head of the depamnent or designated representative will: iviake requisition for certifica<.ian of eligibles to fi?1 a vacancy within fifteen (15} days after determining that a vacancy e�su. Within fift�n (25} days after the department head has met with the certi5ed eligibles, helshe will fill the vacancy. If no eligible list is in effect when a vacancy occurs, the department head shall, within fifteen (15) days, request the Human Resources D'uector to conduct an exaznination for the purpose of establishing an eligible list. Nothing in this Articie 23 shall be construed to eliminate or lessen the Departmern Head's right to deternrine the nvmber of empioyees in any class ritle. � ' 9 �41_ . 24. i Automobile Reirabursement Authorized: Pursuant to Chapter 33 of the Saint Paul Admuustrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. • 24.2 Method of Computation: To be eligibie for such reimbursement, all o�cers and employees must receive written authorization from the Department Head. Type 1 If an employee is required to use hislher own automobile OCCASIONALLY during employment, the employee shail be reunbursed at the rate of $4.00 per day for each day the emgloyee's vehicle is actualiy used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the Depariment Fiead or designated representauve determines that an employer vehicle is availabie for the empioyee's use but the employee desires to use ius/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shaIl not be eligible for any per diem. T'ype 2 If an employee is required to use luslher own automobile REGiII,ARLY during empioyment, the employee shall be reimbursed at the rate of $4.OQ per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. 21 ARTICLE 24 - CTPY MlI.EAGE {Continued} If sach employee is required to drive an automobile during employment and the • department head or designated representative determines tbat an empioyer veIricle is availab3e far the employae's use but the employee desires to use 3ris/her own automobile, then the employee shall be reimbursed at the rate af $.20 per miie driven and sha21 not be etigible for any per diem. 24.3 The Ciry will provide pazking at the Civic Center Parking Ramp for Ciry employees on either of the above mentioned types of reimbursement plans who are required to have their personal caz avai2able far City business. Such pazking will be provided only for the days the employee is required to have his or her own persanal car avaitabie. 24.4 Rules and Regutatians: T'he Mayor sha11 adopt niies and regulations governing the procedures for automobile reimbursement, which regulaaons and rvles shall contain the requirement that recipients sha11 file dai2y reports indicating miles driven and shall file monthly aff'idavits stating the number of days worked and the number of miles driven, and further require that they maintain au[omobile liabiliry ins¢rance in amounts of not less than $100,000/$300,OOQ for personal injury, and $25,000 for properry damage, or liabiliry insurance in amounts not less than $300,000 single lunit coverage, with ihe Ciry of Saint Paul named as an addidonal insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Cterk. � 22 • • ARTICLE 25 - DURATION OF AGREEMENT � 1�I � 5� 25.1 Except as herein provided, this Agreement shall be effective as of the date the Agreement is executed by the parties, and shall continue in full force and effect through the 31st day of December, 1947, and thereafter until modified or amended by mutual agreement of the parties. Either pariy desiring to amend or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Minnesota Public Employment Labor Relations Act of 1984. 25.2 The wage schedule attached hereto as Appendix "$" shall take force and effect at such time as is specified in the aduiinistrative resolution recognizing and approving this Agreement in accordance with Section 12.09 of the Saint Paui City Charter. Signed this 4�' day of September,1997 CITY OF SAINT PAUL �'7�5" Mary . Kearney Director of Labor Relations �� ,�J �� (�,a �� : ; �ps�t.Cit�At�rt►�!� SAINT PAI3L FIRE SUPERVISORY A SOCIATION J 3o Colanna, Pre ident � Donato Bataglia o�Ga.r�%� ��`�v 7�'.�Tk� �ia�a fC, t�3orasl, 23 APPENDIX A Regulation "West Point" long sleeve police shirt • Regulation "RTest Point" short sleeve police shirt Ranking O�cer's white uniform shirt, long sleeve, West Point 750�C Ranking Officer's white uniform shirt, short sleeve, West Point 75QOC Jersey rype long sleeve sweat shirt, navy biue - Wilson 8632 Jersey type 3/4 sleeve sweat shirt, navy blue - Wilson 8632 Fechheimer Bros. navy blue trousers 32200 Fechheimer Bros. navy blue trousers 32250 Jacket - Light weight, waist style Fechheuner 32100 Fur coat - Energy 100FD - Sizes 48 - 50 add 10% - longs add 10% 7acket - California thermal chief - Horace Smaii Parka - Navy - Butwin 111SP Regular sizes 34 - 46 Extra sizes 48, 50, 52, Long . Liners for summer uniform fire fighter jacket - Fechheimer Bros. 32704 Sewing Costs: No cost when ordered with jacket, otherwise .. Caps Trooper Cap Chiefs Navy-Stype Midwest-N.W. 8 pt. Midwest-N.W. Belts - leather - black - 1.5 inch Shoes Wedge style oxford - Red Wing shoe #101 Siip on sty]e oxford - FLOAT-AWAYS #T5347 Slip on style oxford - FLOAT-AWAYS #35318 Lace style oxford - FLOAT-AWAYS Z5096 S1ip on style oxford Weinbrenner 1635 Slip on sryle oxford Weinbrenner 1435 I,ace style oxford T5152 Mocc toe I,ace style oxford Weinbrenner 1225 Lace style oxford Weinbrenner 1250 Socks Munsingwear #40 Munsingwear #415 - suetch style Ties - biack, 4-in-hand, or snap-on style �l7- i15� A1 � . 1 Salary ranges applicable to tittes covered by this Agreement shall be as shown below: Effective Decem6er 21, 1996: Two percent {2.0%) increase Effective July 19, 1997: One-half percent (0.5%} i�crease Effective December 20, 1997: Two-tenths percent (02%} increase 12/21/96 07l19/97 12/20/47 GRADE 041 FIRE DISPATCH SUPERVISOR A B C D E F (�) (2) ( (d) (5) (6) 1686.73 1770.04 1857.55 1931.69 2029.43 2110.85 1695,16 1778.89 1866.84 194135 2Q39.58 2121.a� 1698.55 1782.45 1870.57 1445.23 2043.66 2125.64 APPENDIX B: BIWEEKLY RATES GRADE 044 ASSISTANT FIRE MARSHAL 12/21l96 07/19/97 ] 2I20/97 1796.96 1805.94 1809.55 1885J0 7978.93 2057.92 2162.04 2248J9 1895.13 3988.82 206811 2172.85 2260A3 ]898.92 7992.80 207235 2I77.20 2264.55 GRADE 045 EMERGENCY PREPAREDNE5S COORD 12121J96 07/ 19/97 12J20/97 1828.44 1837.58 1841.26 1918.74 2013.61 2093.98 2199.93 228821 1928.33 2023.68 2104.45 2210.93 2299.65 1932.19 202'7.73 2108.66 221535 230415 GRADE 046 CHIEF FIRE INVESTIGATOR F1RE COMMUNICAT`IONS CHIEF FIRE DISTRICT CHIEF FIRE TRAINING OFFICER 12/21l96 07J19l97 12l20J9? 12l21l46 07l19l47 12/20197 1968.19 2065.40 2167.50 2254.03 2368.07 2463.09 1978.03 2075.73 217834 226530 23?9.91 2475.41 1981.99 20'79.88 2182.�0 2269.83 2384.67 248036 2131.56 214222 2146.50 GRADE 049 DEPUTY FIRE CHIEF EMER PARAMEDICAL SERV CHIEF FIRE MARSHAL 2236.81 2347.40 2441.Q9 2564.62 2667.51 2247.99 2359.14 2453.3� 2577.44 2680.85 2252.49 2363.86 2458.21 2582.54 2686.21 �.�� ° t'� � � �5G 10-YR. 15-YR. ��? � 2219.46 2Z73.78 223a.56 2285.15 2235,02 2289.72 2364.48 242236 2376.30 2434.47 2381.05 2439.34 2405.91 2464.82 2437.94 2477.14 2422.78 2482.09 2589.80 2653.19 2602.75 2666.46 2607.96 2671.79 2804.75 2873.40 2818.77 2887.17 2824.41 2893.55